Seattle & Montana Railway Co. v. Gilchrist

The opinion of the court was delivered by

Anders, C. J. —

This was a statutory proceeding instituted by appellant to appropriate a strip of land 100 feet in width across the premises of the respondents for the purpose of a right-of-way for its railroad. The right-of-way sought to be appropriated passes diagonally over the eastern portion of respondents’ land, separating it into two unequal parts, and cutting off about eleven acres to the east of the right-of-way from the larger tract lying to the west, and contains something less than two acres. The land of respondents is nearly all improved,…