Washington Reports Volume 36
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ... court well said: " That a people in their collective capacity, exercising the rights, privileges, duties and obligations of sover eignty, cannot be sued except by their consent is a principle too well established to require discussion." 23-86 wasa. Opinion Per HADLEY, J. 88 Wash. The authority to condemn state lands was under consideration_in that case, and the court made it plain that, without clear statutory authority for such condemnation, the power does not exist, but found that a statute in Idaho expressly conferred the power, as applicable to the case then in hand. We conclude that no power is found in our statutes for the condemnation of school lands of the state, to be subjected to the purposes of the petitioning corporation in this case. The state also argues, extensively, that condemnation should be denied for the reason that the use sought to be made of the land is not a public one, within the doctrine of Morris v. Healy I/wmber 00., 33 Wash. 451, 74 Pac. 662. In view of the fact that this corporation has not the power, in any event, to condemn the lands sou@1t, it becomes unnecessary to discuss the question as to whether the use sought to be made of the lands is a private or public one. The cause is remanded with instruaions to the trial court to vacate the order of condemnation, sustain the demurrer to the petition, and grant the motion to dismiss the proceeding. Dec. 1904. Statement of Case. Oscar; ANDERSON, Appellant, v. SEATTLE-TACOMA Ixrm URBAN RAILWAY COMPANY, Respon/lent.1 Rmnoans---Dmomons Pnnmsns---RIGHT or WAY--NaoIJGENCE--INJU'BY TO Emcrnn Passnncnn on RIGHT or WAY--'.I'm: smssnn. Where a passenger is wrongfully ejected from a train four miles from the city, he is not a trespasser in walking back...
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