Seattle & Montana Railway Co. v. State

The opinion of the court was delivered by

Stiles, J.

This was a proceeding for the condemnation of a right-of-way for respondent’s railroad, and involves three different appellants: the state, the Columbia & Puget Sound Railroad Company, and the Northern Pacific Railroad Company. The right-of-way sought to be appropriated lies over land between the high and low water marks in Elliott Bay, on the water front of the city of Seattle.

1. The state appeared by the attorney general, and moved to dismiss the proceeding as against it, on the ground that the court had no jurisdiction to entertain it,…