City of Tacoma v. Tacoma Light & Water Co.

• Decision Date: 13 November 1896
• Citation: City of Tacoma v. Tacoma Light & Water Co., 46 P. 1119, 15 Wash. 499 (Wash. 1896)
• Court: Washington Supreme Court
• Parties: CITY OF TACOMA, APPELLANT, v. TACOMA LIGHT & WATER CO., RESPONDENT.

46 P. 1119

15 Wash. 499

CITY OF TACOMA, APPELLANT, v. TACOMA LIGHT & WATER CO., RESPONDENT.

Supreme Court of Washington

November 13, 1896

Appeal from superior court, Pierce county; W. H. Pritchard, Judge.

Action by the city of Tacoma against the Tacoma Light & Water Company, a corporation, to obtain possession of certain real property which plaintiff claimed to have purchased of defendant. From a judgment in favor of defendant, plaintiff appeals. Affirmed.

SCOTT J.

This action was brought to obtain possession of certain real property which the city claims to have purchased of the light and water company at the time it purchased its electric light plant and waterworks, which were involved in a former case before this court between said parties. 13 Wash. 115, 42 P 533. The decision there rendered seems to us to clearly settle this controversy in favor of the defendant, as found by the lower court. The ordinance under which the purchase was made, and the property in question claimed, was referred to in the case cited, and was published in Seymour v City of Tacoma, 6 Wash. 138, 32 P. 1077. Section 1 of said ordinance limited the property purchased to such as was...