State Ex Rel. Spokane, Portland & Seattle Railway Co. v. Yelle

This is an original application in this court for a writ of mandate requiring the state auditor to issue to the relator a warrant in payment of a judgment of the superior court of Thurston county in favor of the relator and against the state of Washington.

The relator owns and operates a railroad along the north bank of the Columbia river; also, along the same bank of the river is a state highway. The state, while doing construction work upon this highway, cut through the toe of a mountain slope, with the result that a large amount of material slid over onto the roof of the railroad’s tunnel,…