United States Fire Insurance v. Northern Pacific Railway Co.
Washington Supreme Court
1Opinion of the CourtSchwellenbach, J.
This is an appeal from a judgment dismissing the action of plaintiffs, with prejudice, and granting judgment for costs to defendant.
March 1, 1923, the Northern Pacific Railway Company leased a portion of its right of way at Thiel, Washington, to Con Donovan. The subject matter of the lease was a grain warehouse of 40,000 bushels’ capacity, owned by Donovan.
The lessee was to pay an annual rental of twenty dollars. Section 6 of the lease provided:
“No other railroad or transportation company, or person engaged in transportation, shall be allowed to use any track now or hereafter upon or…
2Cases cited15 opinions
- Missouri Pacific Railway Co. v. MerrillSupreme Court of Kansas · 1888
- Callahan v. St. Louis Merchants' Bridge Terminal RailroadSupreme Court of Missouri · 1902
- Stroble v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1886
- Larson v. Illinois Central Railway Co.Supreme Court of Iowa · 1894
- Nicholson v. RailroadSupreme Court of North Carolina · 1905
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3Cited by4 opinions
- Taylor-Edwards Warehouse & Transfer Co., of Spokane, Inc., a Washington Corporation v. Burlington Northern, Inc., a Foreign CorporationCourt of Appeals for the Ninth Circuit · 1983
- Michigan Millers Mutual Fire Insurance v. Oregon-Washington Railroad & Navigation Co.Washington Supreme Court · 1948
- Firemen's Ins. v. Chicago, St. P., M. & O. Ry. Co.District Court, D. Nebraska · 1953
- Boylan v. NashNew Jersey Superior Court Appellate Division · 1973