State v. Superior Court of Whitman County

• Court: Washington Supreme Court
• Writing for the Court: [45 Wash. 273] HADLEY, J.
• Citation: State v. Superior Court of Whitman County, 88 P. 201, 45 Wash. 270 (Wash. 1907)
• Decision Date: 09 January 1907
• Parties: STATE ex rel. PORTLAND & SEATTLE RY. CO. v. SUPERIOR COURT OF WHITMAN COUNTY et al.

88 P. 201

45 Wash. 270

STATE ex rel. PORTLAND & SEATTLE RY. CO. v. SUPERIOR COURT OF WHITMAN COUNTY et al.

Supreme Court of Washington

January 9, 1907

Writ of review by the state on the relation of Portland & Seattle Railway Company against superior court of Whitman county. Judgment affirmed.

Edward J. Cannon and James B. Kerr, for relator.

W. W. Cotton and Arthur C. Spencer, for respondents.

HADLEY, J.

This is a condemnation proceeding which was commenced in the superior court of Whitman county. That court determined the cause adversely to the petitioner on the question of public use and necessity, and the petitioner obtained from this court a writ of review for the purpose of reviewing the judgment of the superior court. The petitioner is the Portland & Seattle Railway Company, and it is engaged in constructing a branch line of railway from its main line near Pasco, Wash easterly along the north bank of the Snake river in this state to Texas City. It is the purpose of the petitioner to connect such branch line at Texas City with the line of the Oregon, Washington & Idaho Railway, which is being constructed from Texas City to Lewiston, Idaho, thus giving the petitioner traffic connection through to Lewiston. Texas City is situate immediately along the north bank of the Snake river, and the proposed line of petitioner is located some distance to the north of the river and extends in an easterly and westerly direction at said place. Crossing the river from the south and passing through Texas City, leading thence on to the northward, is a line of the Oregon Railroad & Navigation Company, extending from Portland, Or., to Spokane, Wash. It is also the purpose of the last-named company to connect at Texas City with the line of the Oregon, Washington & Idaho Railroad, thus effecting traffic connection with Lewiston Idaho, over the same line which is to be used by the petitioning company, constituting what may be called a joint occupation of said line in course of constructon to Lewiston. Immediately to the west of the main line track of the Oregon Railroad & Navigation Company's Spokane line in Texas City, and extending to the northward from the river, is a tract of land consisting of some 38 acres which is owned by said company. The tract is somewhat wedgeshaped, extending the long way in an easterly and westerly direction, the wider end being to the east. The peculiar shape is due to the relative directions of the river boundary on the south and the abrupt bluff on the north. This tract was acquired by said company in the year 1899, and the company has built maintained, and used thereon certain spur tracks running out from its main line. The purpose of its acquisition was to provide terminal and trackage facilities at that point, to relieve the congestion consequent upon increasing traffic and also by reason of the proposed connection at that place with the said line to Lewiston. It is also the purpose of said company to construct other spur tracks within said grounds, and generally to use the same for car storage, switching, and terminal purposes. The petitioning company has located its projected line so as to run about the center of this tract in an easterly and westerly direction, so as to cross the existing spur tracks of the other company at very acute angles, and even so as to cross the main track of the Spokane line with a curve of 9~ 30'. This curve necessitates the elevation of the outer rail of the petitioner's line about four inches. This proceeding is for the purpose of condemning a strip 100 feet in width across said tract and located as above stated. After a trial before the court upon the question of public use and necessity, judgment was entered dismissing the petition.

The court found the facts with reference to the ownership and occupation of the tract by the Oregon Railroad & Navigation Company as above stated, and also further expressly found as follows: '* * * And will need the said 38-acre tract of land crossed by the survey of the petitioner's line of railway as described in paragraph 2 of said petition, for use as a material and storage yard for cars, and for use as a terminal for the construction of shops and other terminal facilities, and that said Oregon Railroad & Navigation Company is using said land for said purposes and intends to devote the same to said use, and that the same is necessary for it in the carrying on of its business as a common carrier of passengers and freight in serving the public.' It was also further found as follows: 'That the proposed appropriation by the petitioner across said land is not necessary for it in the construction of its line, and such appropriation, if allowed, would destroy the usefulness of said property for railroad purposes to the Oregon Railroad & Navigation Company, and no case of necessity has been made out by the petitioner for the appropriation of said land, or for the securing of the...