Facts: The plaintiffs sought a writ of mandate from the Superior Court for Spokane County compelling the commissioners of the city of Spokane to remove supports undergirding railway overpasses that had been constructed by the city, asserting that the city lacked the authority to construct such overpasses and supports. The trial court dismissed the action, ruling that plaintiffs were estopped from bringing it after the tracks and supports had already been constructed. The plaintiffs appealed this decision to the Supreme Court of Washington.

Question(s): Was the city of Spokane authorized by the relevant statutes (Washington Code §7507-7510) to construct railroad tracks on its streets not only longitudinally but also transversely and overhead?

Conclusion: Justice Ellis’s opinion for a unanimous Court concluded that the construction of the overpasses and their supports was within the power delegated to the city of Spokane by the state in §7507-7510 as the use of this means of separating tracks of different grades could be inferred from the statutes’ general authorization to lay tracks and from the city’s general police power insofar as it was necessary to ensure public safety.

Docket No. 11908

Petitioner: Detamore

Respondent: Hindley

Decided: Friday, January 8th, 1915

Vote: 5-0

Opinion: 83 Wash. 322 (1915)

Court: Crow1 Court (1913-1914)

Crow

Fullerton

Mount

Chadwick

Gose

Morris

Parker

Ellis

Main