RAYONIER, INC. v. CHI., M. ST. P. & PAC. R.R. CO.

No. 37366.

68 Wn.2d 103 (1966)

411 P.2d 864

RAYONIER, INCORPORATED, Respondent, v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Appellant.

The Supreme Court of Washington, Department One.

March 3, 1966.


Attorney(s) appearing for the Case

B.E. Lutterman, Warren H. Ploeger, and James E. Nelson, for appellant.

Guttormsen, Scholfield, Willits & Ager, for respondent.


LANGENBACH, J.

This is an action to recover costs and Court pursuant to Art. 4, § 2 (a) (amendment 38), state constitution. expenses incurred in replacing a pipeline.

Respondent (plaintiff) is contractually obligated to supply water to the City of Port Angeles. As part of that contract, respondent agrees to maintain a pipeline, 158 feet of which was destroyed on January 15, 1961. Due to clogging of a culvert in an...

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