DeKay v. North Yakima & Valley Railway Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Yakima county, Grady, J., entered October 30, 1911, in favor of the plaintiffs, after a trial on the merits before the court without a jury, in an action to enjoin the maintenance and use of a railway track.
1Opinion of the CourtParker., J.
The plaintiffs seek an injunction restraining the defendant from maintaining and using a spur track on its line of railway near their residence in the city of North Yakima, until such time as the defendant shall acquire, as against the plaintiffs, the right to so maintain and use such spur track by eminent domain proceedings. From a decree in favor of the plaintiffs, the defendant has appealed.
The accompanying plat, which is a portion of one introduced in evidence, will aid in a correct understanding of the facts:
Respondents own lot six, on which they maintain their residence, and also a…
2Cases cited5 opinions
- Smith v. St. Paul, Minneapolis & Manitoba Railway Co.Washington Supreme Court · 1905
- Freeman v. City of CentraliaWashington Supreme Court · 1912
- Lund v. Idaho & Washington Northern RailroadWashington Supreme Court · 1908
- O'Connell v. City of SeattleWashington Supreme Court · 1911
- Clute v. North Yakima & Valley Railway Co.Washington Supreme Court · 1911
3Cited by12 opinions
- Bartel v. Ridgefield Lumber Co.Washington Supreme Court · 1924
- Taylor v. Chicago, Milwaukee & St. Paul Railway Co.Washington Supreme Court · 1915
- Wilkening v. StateWashington Supreme Court · 1959
- Hieber v. City of SpokaneWashington Supreme Court · 1913
- Brady v. City of TacomaWashington Supreme Court · 1927
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