Harrison v. Pacific Ry. & Nav. Co.
Oregon Supreme Court
From Tillamook; William Galloway, Judge. Department 1. Statement by Mr. Justice Bubnett, Tbe plaintiff, M. W. Harrison, alleges bimself to be tbe owner of certain lands in Tillamook County, part of which, he says abuts upon Tillamook Bay, an arm of the sea in which the tide ebbs and flows.
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From Tillamook; William Galloway, Judge. Department 1. Statement by Mr. Justice Bubnett, Tbe plaintiff, M. W. Harrison, alleges bimself to be tbe owner of certain lands in Tillamook County, part of which, he says abuts upon Tillamook Bay, an arm of the sea in which the tide ebbs and flows. He further states that the Pacific Railway & Navigation Company, a corporation, constructed its railroad over part of his land in such, a way as to cnt off his access to those tidal waters so that it not only appropriated to its own use the land actually occupied by its track, but also damaged his remaining…
1Opinion of the CourtJustice Burnett
The contention of the defendant is that the Circuit Court erred in the following particulars: (1) It did not grant a continuance; (2) it permitted biased jurors to sit in the trial; (3) it permitted immaterial and prejudicial testimony to be introduced; and (4) it gave erroneous instructions as to the measure of damages and as to what might be considered in determining the amount thereof.
1, 2. The action was commenced April 4, 1912, and brought to trial April 24, 1913, having been set on the 18th of that month. One contention of the defendant *556was that it owned a controlling interest in the…
2Cases cited20 opinions
- Sharp v. United StatesSupreme Court of the United States · 1903
- Bowlby v. ShivelyOregon Supreme Court · 1892
- Flemister v. Central Georgia Power Co.Supreme Court of Georgia · 1913
- State v. MegordenOregon Supreme Court · 1907
- State v. HumphreyOregon Supreme Court · 1912
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3Cited by13 opinions
- Malloy v. Marshall-Wells Hardware Co.Oregon Supreme Court · 1918
- State Highway Commission v. BaileyOregon Supreme Court · 1957
- Cathcart v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1917
- Conkling v. CrosbyArizona Supreme Court · 1925
- State Land Board v. SAUSEOregon Supreme Court · 1959
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