Crawford v. Seattle, Renton & Southern Railway Co.

173 P. 32, 102 Wash. 386
CourtWashington Supreme Court
DecidedMay 10, 1918
DocketNo. 14554
StatusPublished

This text of 173 P. 32 (Crawford v. Seattle, Renton & Southern Railway Co.) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crawford v. Seattle, Renton & Southern Railway Co., 173 P. 32, 102 Wash. 386 (Wash. 1918).

Opinion

Holcomb, J.

This is an appeal by the principal creditors, and also the receivers, of the Seattle, Renton & Southern Railway Company, from an order fixing the receivers’ compensation and approving their final accounts.

Various phases of this litigation have been before the courts before. See Crawfofd v. Seattle, Renton & Southern R. Co., 71 Wash. 77, 127 Pac. 594; 86 Wash. 628, 150 Pac. 1155, L. R. A. 1916D 732; 92 Wash. 670, 159 Pac. 782; 97 Wash. 70, 165 Pac. 1070; 97 Wash. 651, 167 Pac. 44; Crawford v. Gordon, 88 Wash. 553, 153 Pac. 363, L. R. A. 1916C 516; Seattle, R. & S. R. Co. v. Seattle, 216 Fed. 694.

The principal creditors appealing are the bondholders of the Seattle, Renton & Southern Railway Company. They assign errors of the court below as follows: (1) In allowing receiver Parkin the sum of $7,305, or any sum at all in excess of $21,061.29, theretofore received by him as compensation as receiver; (2) in allowing receiver Calhoun the sum of $7,305, or any sum at all in excess of the $21,083.87 theretofore received by him as compensation as receiver; (3) in approving that portion of the receivers’ final accounts which covered the payment to receiver Parkin of the sum of $2,695 in addition to the sum of $366.29 theretofore received by him as compensation as receiver; (4) in approving that portion of the receivers’ final accounts which covered the payment to receiver Calhoun of the sum of $2,695 in addition to the sum of $18,-388.87 theretofore received by him as compensation as receiver; (5) in approving the receivers’ final accounts without requiring them to return to the trust fund the [388]*388amount of the loss they had recklessly and wrongfully inflicted upon that fund by their deposits in the bankrupt Northern Bank & Trust Company.

.No assignment of error is made by the receivers on their appeal, but it is contended by them generally that the amount of compensation allowed them is inadequate for the services rendered and that further allowance should be made by this court.

Many assertions are made in the briefs on behalf of the bondholders as to the reckless, wasteful and partisan character of the services for which the receivers were allowed an aggregate of over $56,000 out of the trust funds passing through their hands. It is somewhat bitterly contended by them that the proceedings throughout were unduly delayed by the receivers by reason of their conduct of affairs and of their occasioning much litigation which, the bondholders contend, was unnecessary or unjust; and of their not winding up the receivership much earlier. It is also contended that they acted in collusion with Crawford, the plaintiff in the original proceedings, in various matters to the detriment of the creditors. We shall not concern ourselves greatly with these contentions, but shall deal only with the facts involved. The receivership was instituted upon a complaint of Crawford and these receivers appointed by the state court. They took possession under their appointment on August 31, 1912, and continued the active daily operation, management and control of the properties until June 10, 1916, at which time the property passed to the purchasers under judicial sale thereof. After June 10, 1916, they continued in the possession of the remaining funds in their hands until April 23, 1917, when the hearing in the court below was begun on their final report and petition for discharge, which culminated on July 21, 1917, in an order approving their final accounts and [389]*389payments and directing the further payments heretofore referred to in the assignments of error. These further payments were subject to deductions, in the case of Parkin, of the sum of $200, money paid to him, and in the case of Calhoun, $715.75.

The property passing into the hands of the receivers at the time of their appointment consisted of a street and interurban electric railway running from Stewart street, in the city of Seattle, south to Renton, Washington, a distance between termini of thirteen and one-half miles. The total cash receipts of the receivers amounted to $1,249,185.61, and the total disbursements aggregated $1,207,181.95. Shortly before the sale of the property, it was appraised by an expert appraiser of public utilities at the sum of $1,600,000. It was sold by the receivers in March, 1916, at public auction, at a minimum price fixed by the court in the sum of $1,-200,000.

Prior to the time these receivers took possession,there was a receivership pending in the United States district court wherein receivers were appointed; but the state court having obtained jurisdiction first under the complaint of Crawford, the Federal court relinquished jurisdiction and the Federal receivers were discharged.

At the time the receivers took possession, there was pending in the state courts certain litigation which they thereafter conducted, which was ultimately carried to the supreme court of the United States. There was also pending an action by the city of Seattle to change the grades and to condemn a portion of the company’s right of way route. This litigation was also conducted by the receivers through the lower court to this court, and a subsequent action was brought by them in the Federal court to enjoin the city from interfering with the right of way of the company and for damages, re[390]*390stilting in an award against the city of $41,000. Much litigation was also conducted by the receivers on behalf of the company against the bondholders, through the state and Federal courts. Considerable litigation in the court below was had upon the many claims against the property and against the receivers. Many hearings were had before the public service commission, involving questions within its jurisdiction, and before the city council; all of which, the receivers contend, added to the burdens of their duties and enhanced the value of their services.

It is shown that, at the time the receivers took possession of the property, the right of way, roadbed, and equipment were in a run-down, dangerous and unsafe condition, while the property and equipment, when turned over by the receivers to the purchaser, were in first-class shape in every respect, and no objection has been made to the condition of the road and the equipment as left by the receivers. During their operation of the property, new passenger and freight cars were purchased and paid for, and equipment was purchased for a new sub-station, generators, and apparatus. A considerable amount of regrade work was done during the period of the receivership, which undoubtedly increased the cost of operation materially. The cost of operation per car per mile under the receivers was eighteen cents, while the cost of operating similar properties in the state of Washington runs as high as twenty-eight cents per mile. Much complaint is made by the bondholders as to the cost of the operation under the receivers, but we think this showing alone is sufficient to answer all their complaints.

The compensation allowed by the court below to the two receivers amounts to a little less than $1,200 per month, or a little less than $600 each. Expert witnesses on the question of compensation, on behalf of the bond[391]*391holders, fixed the reasonable compensation of the receivers at from $7,500 or $8,000 to $10,000 per year for both. Expert witnesses, who were perhaps equally competent on the question of compensation on behalf of the receivers, fixed the reasonable compensation that they should receive at from $750 to $1,000 each per month.

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Related

Tompson v. Huron Lumber Co.
32 P. 536 (Washington Supreme Court, 1893)
Crawford v. Seattle, Renton & Southern Railway Co.
127 P. 594 (Washington Supreme Court, 1912)
Crawford v. Seattle, Renton & Southern Railway Co.
86 Wash. 628 (Washington Supreme Court, 1915)
Crawford v. Gordon
153 P. 363 (Washington Supreme Court, 1915)
Crawford v. Seattle, Renton & Southern Railway Co.
159 P. 782 (Washington Supreme Court, 1916)
Crawford v. Seattle, Renton & Southern Railway Co.
167 P. 44 (Washington Supreme Court, 1917)
Crawford v. Seattle, Renton & Southern Railway Co.
165 P. 1070 (Washington Supreme Court, 1917)
Seattle, R. & S. Ry. Co. v. City of Seattle
216 F. 694 (W.D. Washington, 1914)

Cite This Page — Counsel Stack

Bluebook (online)
173 P. 32, 102 Wash. 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crawford-v-seattle-renton-southern-railway-co-wash-1918.