State Ex Rel. Oregon-Washington Railroad & Navigation Co. v. Walla Walla County

During the month of June, 1938, the commissioners of Walla Walla county filed with the department of public service their petition asking the department’s consent to the construction and maintenance of a grade crossing over the main line of rail road of the Oregon-Washington Railroad & Navigation Company (hereinafter referred to as the company), the track being under lease to Union Pacific Railroad Company, for the “Port Kelly road,” a highway which it was proposed to construct. In the petition, it was alleged that the company’s railroad is a common carrier; that the estimated traffic thereon…