Portland v. Portland Ry., L. & P. Co.
Oregon Supreme Court
From Multnomah.: George N. Davis, Judge. In Banc. Statement by Mr. Justice Harris. The plaintiff City of Portland, a municipal corporation, will be called the city, or the plaintiff, and the defendant Portland Railway, Light & Power Company, a private corporation, will be referred to as the company, or the defendant. All the facts appear in a complaint and answer.
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From Multnomah.: George N. Davis, Judge. In Banc. Statement by Mr. Justice Harris. The plaintiff City of Portland, a municipal corporation, will be called the city, or the plaintiff, and the defendant Portland Railway, Light & Power Company, a private corporation, will be referred to as the company, or the defendant. All the facts appear in a complaint and answer. The city demurred to the answer; the court overruled the demurrer; the city declined to plead, further; the court then entered a judgment awarding to defendant its costs and disbursements; and consequently on this appeal, which is…
1Opinion of the CourtJustice Harris
1. For the purpose of this investigation the demurrer filed by the city admits that all the affirmative averments appearing in the answer are true; hence, if the answer states a situation which would be sufficient to defeat the ordinance, then the judgment appealed from must be affirmed. If the ordinance occupies a position which is impregnable against the assaults of the- answer, then the city is entitled to prevail. Condensing the answer, it is alleged: (1) That the ordinance imposes a tax which is not equal to the charge made upon the business of the Mt. Hood Railway & Power Company. (2)…
2Cases cited34 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. TexasSupreme Court of the United States · 1908
- Home Insurance v. New York StateSupreme Court of the United States · 1890
- Southwestern Oil Co. v. TexasSupreme Court of the United States · 1910
- Society for Savings v. CoiteSupreme Court of the United States · 1868
- Provident Institution v. MassachusettsSupreme Court of the United States · 1868
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3Cited by32 opinions
- Standard Lbr. Co. v. PierceOregon Supreme Court · 1924
- Tower Plaza Investments, Limited v. DeWittArizona Supreme Court · 1973
- State of Oregon v. BuckOregon Supreme Court · 1953
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- Safeway Stores, Inc. v. City of PortlandOregon Supreme Court · 1935
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