Chicago, M. & P.S. Ry. Co. v. Slosser

• Decision Date: 11 December 1914
• Docket Number: 11992.
• Citation: 82 Wash. 467,144 P. 706
• Court: Washington Supreme Court
• Parties: CHICAGO, M. & P. S. RY. CO. v. SLOSSER et ux.

144 P. 706

82 Wash. 467

CHICAGO, M. & P. S. RY. CO. v. SLOSSER et ux.

No. 11992.

Supreme Court of Washington

December 11, 1914

Department 2. Appeal from Superior Court, Spokane County; E. H Sullivan, Judge.

Condemnation proceedings by the Chicago, Milwaukee & Puget Sound Railway Company against Joseph P. Slosser and wife. Judgment for plaintiff, and defendants appeal. Dismissed.

O. C Moore and Codd, Hutchinson & Codd, all of Spokane, for appellants.

F. M Dudley and F. M. Barkwill, both of Seattle, for respondent.

FULLERTON J.

On May 17, 1910, the respondent, Chicago, Milwaukee & Puget Sound Railway Company, instituted this proceeding against the appellants to condemn for railway purposes a leasehold interest held by the appellants in certain described real property situated in the city of Spokane. In due course of the proceedings a judgment of public use and public necessity was entered, and the cause tried before a jury on the question of damages. The jury awarded the appellants the sum of $650, the verdict being returned on January 20, 1911. On March 25, 1911, without the formal entry of a judgment on the verdict, the respondent paid into court for the use of the appellants the amount of the award, with costs. This sum the appellants, by their attorneys, withdrew from the registry of the court on October 19, 1911, giving a receipt therefor, reciting that the same was received in full satisfaction of the verdict in the condemnation proceedings. No further proceedings were had in the cause until October 15, 1913, when the following judgment was entered:

'The above-entitled cause having come on for trial on the 17th day of January, A. D. 1911, before the Honorable E. H Sullivan, one of the judges of the above-entitled court, and a jury regularly impaneled, at the county courthouse in the city and county of Spokane, Washington, for the purpose of ascertaining and determining the damages which would be caused to the said defendants in said suit by the taking of their leasehold estates and interests, and the whole thereof, in lot eighteen (18), in block ten (10), of Havermale's addition to Spokane Falls (now Spokane), Washington, and the said petitioner and the said defendants having appeared therein and having submitted evidence in their behalf, and the jury having been instructed by the court, and the said cause having been submitted to the said jury, the said jury on the 20th day of January, 1911, made and returned their verdict in said cause, assessing and finding the damages which would be caused to the said Joseph P. Slosser and Mrs. Joseph P. Slosser by the taking and appropriating of their estate and interest in said property at the sum of six hundred fifty dollars ($650.00); that thereafter a motion for new trial in said cause was served and filed on the 23d day of January, A. D. 1911, which said motion, having thereafter come on for hearing, was argued and denied, and the said petitioner thereafter paid unto the clerk of the said court the sum of six hundred fifty dollars ($650.00), together with the costs and disbursements of said defendants in said action, and thereafter, and on the 19th day of October, 1911, the said defendants withdrew the amount of the said award, and the whole thereof, and filed their receipt therefor, in said cause, with the clerk of said court, in words and figures as follows, to wit: 'No. 30893. Spokane, Wash., Oct. 19, 1911. C., M. & P. S. Ry. Co. v. Joseph Slosser. Received from clerk of superior court of Spokane county the following: Six hundred fifty and 00/100 dollars ($650.00), being in full satisfaction on account of verdict in condemnation proceeding, in the above-entitled case. Nuzum & Nuzum, Atty. for Defts.'--and no judgment or decree having been heretofore entered in the said action, and it appearing to the court that a judgment should be entered in accordance with said verdict, and a decree of appropriation made unto the said petitioner, it is now considered, ordered, and adjudged that the said defendants have judgment against the said petitioner, the Chicago, Milwaukee & Puget Sound Railway Company, as damages for the taking of their estate and interest in lot eighteen (18), in block ten (10), Havermale's addition to Spokane Falls (now Spokane), Washington, in the sum of six hundred fifty dollars ($650.00), lawful money of the United States, together with their costs herein. And it further appearing to the said court that the said petitioner, Chicago, Milwaukee & Puget Sound Railway Company, has paid unto the said defendants, Joseph P. Slosser and Mrs. Joseph P. Slosser, his wife, the full amount of said award and judgment, and all costs of said proceeding, and that the same has been received by them, and that said judgment is fully satisfied, it is further considered, ordered, adjudged, and decreed that all the estate and interest of the said defendants, Joseph P. Slosser and Mrs. Joseph P. Slosser, his wife, in and to lot eighteen (18), block ten (10), of Havermale's addition to Spokane Falls (now Spokane), Washington, be and the same is hereby appropriated unto the uses and requirements of the said petitioner, Chicago, Milwaukee & Puget Sound Railway Company, its successors and assigns, for the uses and purposes specified in the petition herein, to wit, for the construction, maintenance, and operation of a certain railroad to be constructed by said railway company, extending from a point on its main line of railway, at or near Malden, in the county of Whitman, Washington, to and into the city of Spokane, Washington, and for the necessary side tracks, depot, terminal and switching grounds and warehouses required for receiving, delivering, storage, and handling freight with security and safety to the public, and for the construction, operation, and maintenance of said railroad, and that the legal title to said described lot be and the same hereby is transferred to and invested in the Chicago, Milwaukee & Puget Sound Railway Company, its successors and assigns, for the uses and purposes aforesaid. Done in open court this 15th day of October, A. D. 1913. R. G. Hutchinson, as Atty. for Slosser,

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