Legal Opinion

United States Fire Insurance v. Northern Pacific Railway Co.

Washington Supreme Court

Decided May 20, 1948No. 30336PublishedCited by 4 opinions

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

  1. Missouri Pacific Railway Co. v. MerrillSupreme Court of Kansas · 1888
  2. Callahan v. St. Louis Merchants' Bridge Terminal RailroadSupreme Court of Missouri · 1902
  3. Stroble v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1886
  4. Larson v. Illinois Central Railway Co.Supreme Court of Iowa · 1894
  5. Nicholson v. RailroadSupreme Court of North Carolina · 1905

10 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. 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
  2. Michigan Millers Mutual Fire Insurance v. Oregon-Washington Railroad & Navigation Co.Washington Supreme Court · 1948
  3. Firemen's Ins. v. Chicago, St. P., M. & O. Ry. Co.District Court, D. Nebraska · 1953
  4. Boylan v. NashNew Jersey Superior Court Appellate Division · 1973

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