McPherson Bros. Co. v. Okanogan-Douglas Inter-County Bridge Co.

This is an appeal from a decree dismissing a complaint in equity on motion of the defendant. The complaint alleges, in substance, that for more than 30 years last past the plaintiff has owned and continuously operated a public toll ferry across the Columbia river at the town of Brewster in the state of Washington; that for a long time prior to the commencement of this suit the plaintiff has been possessed of valuable and substantial interests in and to certain shore lands of the Columbia river, and has been the owner in fee simple for approximately thirty years last past of a tract of land adjoining such shore lands; that such franchise and other property rights are of the value of more than $75,000; that during the month of July, 1927, the defend-' ant commenced the construction of a bridge across the Columbia river at or near the town of Brewster and across the shore and private lands owned by the plaintiff; that, unless enjoined by the court, the construction of the bridge will result in the appropriation and confiscation by the defendant of all the property rights of the plaintiff in and to the ferry shore and other lands and the franchise owned by the plaintiff; that the…