Legal Opinion

Thompson-Houston Electric Co. v. Simon

Oregon Supreme Court

Decided November 17, 1890PublishedCited by 20 opinions

Multnomah county: E. D. Shattuck, Judge. Plaintiff appeals. Hill’s Code, § 3239, provides that “A corporation organized for the construction of any railway” may appropriate land for right of way, and this applies to street railways operated for carrying passengers only. (Chicago v. Moans,. 24 111. 52; 3 Mo. App. 559; In re Mt.

Read the full summary

Multnomah county: E. D. Shattuck, Judge. Plaintiff appeals. Hill’s Code, § 3239, provides that “A corporation organized for the construction of any railway” may appropriate land for right of way, and this applies to street railways operated for carrying passengers only. (Chicago v. Moans,. 24 111. 52; 3 Mo. App. 559; In re Mt. Washington Road Co. 35 N. H. 134; Higginson v. Nahant, 11 Allen, 530; Lewis on Eminent Domain, § 161.) The right to exercise the power of eminent domain is a prerogative franchise and can be obtained only from the sovereign power. (Wood’s Railways, § 13.) The…

1Opinion of the CourtLord, J.

— This is an action to condemn a right of way foi a street and suburban railway operated for the carrying oí passengers. A demurrer was filed to the complaint, which was sustained by the court below; and the plaintiff refusing-to proceed, judgment was rendered therein, from which this appeal is taken. The contention of the plaintiff is, that our statute authorizing the condemnation of land for a right of way contemplates the exercise of such power as much by street and suburban railways propelled by horse-power or electricity as railroads where cars are propelled by steam. The argument is,…

2Cited by20 opinions

  1. Piedmont Cotton Mills v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1908
  2. Simoneau v. Pacific Electric Ry. Co.California Supreme Court · 1911
  3. Sams v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
  4. Helena Light & Railway Co. v. City of HelenaMontana Supreme Court · 1913
  5. Des Moines City Railway Co. v. City of Des MoinesSupreme Court of Iowa · 1916

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API