McCarthy v. Bloedel Donovan Lumber Mills

DIETRICH, Circuit Judge.

Appellee is the owner of large tracts of timber in Western Washington which it is engaged in logging. Eor that purpose it constructed and now operates a private logging railroad extending southerly from the seaboard at Clallam Bay to some of its lands. To reach additional holdings it plans to extend this road, and will need a right of way which in part lies across lands belonging to appellants. Not being able to acquire the right by contract, it brought this proceeding in eminent domain. For the background of the issues now submitted, reference may be made to our…