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NORTHERN PAC. RY. v. PUGET SOUND RY.

No. 327.

250 U.S. 332 (1919)

39 S.Ct. 474

63 L.Ed. 1013

NORTHERN PACIFIC RAILWAY COMPANY ET AL. v. PUGET SOUND & WILLAPA HARBOR RAILWAY COMPANY.

Supreme Court of United States.

Decided June 2, 1919.

Attorney(s) appearing for the Case

Mr. Lorenzo B. da Ponte, with whom Mr. Charles W. Bunn, Mr. Charles Donnelly, Mr. W.V. Tanner, Attorney General of the State of Washington, and Mr. Hance H. Cleland, Assistant Attorney General of the State of Washington, were on the briefs, for plaintiffs in error.

Mr. Heman H. Field, with whom Mr. Burton Hanson and Mr. F.M. Dudley were on the brief, for defendant in error.

MR. JUSTICE CLARKE delivered the opinion of the court.

The defendant in error, Puget Sound & Willapa Harbor Railway Company, hereinafter designated the Willapa Company, a railroad corporation organized under the laws of the State of Washington, in the construction of a new line of railroad in 1914, found it necessary to cross at grade, at two places, tracks which had been constructed in 1890-1892 by the plaintiff in error, Northern Pacific Railway Company, hereinafter...

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