North Coast R. Co. v. Gentry
| Decision Date | 28 March 1910 |
| Parties | NORTH COAST R. CO. v. GENTRY et al. (KIRKWOOD DISTILLERY CO., Intervener. |
| Court | Washington Supreme Court |
Department 2. Appeal from Superior Court, Spokane County; Henry L Kennan, Judge.
Condemnation proceedings by the North Coast Railroad Company against Jesse Gentry and wife and others. From an order denying motion to set aside an order adjudging a public use, Gentry and wife appeal. Appeal dismissed.
Merritt Oswald & Merritt, for appellants.
Danson & Williams and Hamblen & Gilbert, for respondent.
On December 23, 1908, the North Coast Railroad Company, a public service corporation, filed in the superior court of Spokane county its petition against Jesse Gentry, Estella Gentry, his wife, and others, to condemn certain real estate in the city of Spokane. On January 7, 1909, the Kirkwood Distillery Company, a corporation, after leave obtained, filed its complaint in intervention, pleading its interest as lessee and the damages it would sustain. On the same date an order adjudging a public use was entered. On March 12, 1909, the cause came on for trial on the issue of damages to be assessed, at which time the petitioner railroad company, by written stipulation, agreed to pay the Kirkwood Distillery Company $300 and costs for the loss of its lease, and further agreed to permit the intervener to remain in possession until July 1, 1910. After trial other and additional damages were awarded Gentry and wife, and judgment of condemnation was entered. On April 22, 1909, Gentry and wife filed a motion to set aside and vacate the order of January 7th, adjudging the public use, for the reason that the petitioner, by permitting the intervener to remain in possession under its lease, until July 1, 1910, disclosed the fact that it did not immediately, or within a reasonable time, need the property for any public use. This motion supported and resisted by affidavits, was denied on June 28 1909. The defendants Gentry and wife now prosecute this appeal from the order denying the motion and refusing to vacate the decree adjudging a public use.
The respondent has moved to dismiss the appeal, for the reason that the order is not appealable. This court has repeatedly held that the only appeal in a condemnation suit authorized by section 5645, Ballinger's Ann. Codes & St., is one from the judgment for damages; that upon such appeal the propriety and justness of the...
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State ex rel. Northwestern Elec. Co. v. Superior Court for Clark County
... ... those questions as to which an appeal is especially ... authorized. North Coast Railroad Co. v. Gentry, 58 ... Wash. 80, [27 Wn.2d 701] 107 P. 1059; Chicago, ... ...
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