Keil v. Grays Harbor & Puget Sound Railway Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Chehalis county, Irwin, J., entered April 23, 1912, upon the verdict of a jury rendered in favor of the plaintiffs, in an action for damages to real property.
1Opinion of the CourtChadwick, J.
The main question in this case is whether the building and operation of a steam railroad along a city *164street is such an additional burden to the highway as to entitle an abutting owner to recover damages under art. 1, § 16, of the state constitution, providing that “no private property shall be taken or damaged, for public or private use without just compensation having been first made or paid into court for the owner.” The railroad was built under and in conformity with a franchise, regularly granted by the town council of the town of Cosmopolis, and it is earnestly contended that the…
2Cases cited7 opinions
- Smith v. St. Paul, Minneapolis & Manitoba Railway Co.Washington Supreme Court · 1905
- Schwede v. Hemrich Bros. Brewing Co.Washington Supreme Court · 1902
- Lund v. Idaho & Washington Northern RailroadWashington Supreme Court · 1908
- Kaufman v. Tacoma, Olympia & Gray's Harbor RailroadWashington Supreme Court · 1895
- Hatch v. Tacoma, Olympia & Gray's Harbor RailroadWashington Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Kitsap County v. Allstate InsuranceWashington Supreme Court · 1998
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- Kincaid v. City of SeattleWashington Supreme Court · 1913
- Idaho & Western Railway Co. v. CoeyWashington Supreme Court · 1913
- Taylor v. Chicago, Milwaukee & St. Paul Railway Co.Washington Supreme Court · 1915
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