Grays Harbor Logging Co. v. Coats-Fordney Logging Co., 243 U.S. 251 (1917)

Grays Harbor Logging Company v.

Coats-Fordney Logging Company *
No. 132

Argued January 23, 1917
Decided March 6, 1917
243 U.S. 251

ERROR TO THE SUPREME COURT

OF THE STATE OF WASHINGTON

Syllabus

In a proceeding to condemn land for a private railway, based on Washington Constitution, Art. I, § 16, and Laws 1913, c. 133, p. 412; Rem. & Ball. Ann.Code, §§ 5857-1, et seq., and governed as to procedure by Rem. & Ball. Ann.Code, §§ 921-931, the Superior Court of Washington, after a hearing on the question of necessity, entered an order of condemnation and set down the cause for a jury trial to determine damages, etc.; thereupon, condemnees took the case to the supreme court of the state by certiorari, alleging, inter alia, that the Law of 1913 violates the federal Constitution; the supreme court entered judgment affirming the action of the superior court and remitting the cause thereto for further proceedings. Held that the judgment of the Supreme Court of Washington was interlocutory, and therefore not reviewable in this Court under § 237 of the Judicial Code. Wheeling and Belmont Bridge Co. v. Wheeling Bridge Co., 138 U.S. 287, questioned, if not overruled.

Although a federal question involved in state court proceedings be settled by interlocutory judgment, so that the decision becomes binding on the state tribunals as the law of the case before a final judgment occurs, this Court is nonetheless free to determine the question when the final judgment is brought here by writ of error.

Writ of error to review 82 Wash. 503 dismissed.

The case is stated in the opinion.