Legal Opinion

Northern Pacific Railway Co. v. Adams County

Washington Supreme Court

Decided February 6, 1914No. 11431PublishedCited by 8 opinions

Appeal from a judgment of the superior court' for Adams county, Holcomb, J., entered June 23, 1913, dismissing an action to restrain the collection of a tax for destroying noxious weeds, upon sustaining a demurrer to the complaint.

1Opinion of the CourtMount, J.

The lower court sustained a demurrer to the-complaint in this action. The plaintiff elected to stand on the allegations of the complaint, and the action was dismissed. The plaintiff appeals.

The complaint alleges, in substance, that the plaintiff' owns and operates a line of railroad in the state of Washington, extending through Adams and other counties, and occupies therewith a right of way generally of the width of *54two hundred feet. In the year 1912 the defendant, acting through its road supervisor, gave due notice to the plaintiff to cut down and destroy certain noxious weeds growing on one…

2Cases cited10 opinions

  1. Missouri, Kansas & Texas Railway Co. v. MaySupreme Court of the United States · 1904
  2. Village of Carthage v. . FrederickNew York Court of Appeals · 1890
  3. County of Los Angeles v. SpencerCalifornia Supreme Court · 1899
  4. City of Chicago v. O'BrienIllinois Supreme Court · 1884
  5. City of Helena v. KentMontana Supreme Court · 1905

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3Cited by8 opinions

  1. Stevens v. City of SalisburyCourt of Appeals of Maryland · 1965
  2. Goodenow v. City Council of MaquoketaSupreme Court of Iowa · 1998
  3. State ex rel. Sherman v. PapeWashington Supreme Court · 1918
  4. Ankeny v. City of SpokaneWashington Supreme Court · 1916
  5. State v. SmallSupreme Judicial Court of Maine · 1927

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