Spokane Street Railway Co. v. City of Spokane

The opinion of the court was delivered by

Hoyt, J.

Plaintiff brought an action against the defendants and sought to restrain them from proceeding with the construction of a certain sewer, for the reason that in the prosecution of the work by the contractor in accordance with the plans and specifications therefor, the railway of the plaintiff, and the operation of the same, would be greatly interfered with. The superior court sustained a demurrer to the complaint, and plaintiff electing to stand thereon, judgment of dismissal was rendered, from which it has prosecuted this appeal.

Two questions…