Thompson-Houston Electric Co. v. Simon
Oregon Supreme Court
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.
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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,…
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- Des Moines City Railway Co. v. City of Des MoinesSupreme Court of Iowa · 1916
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