Legal Opinion

Hackett & Multnomah Ry. Co. v. Wilson & Montgomery

Oregon Supreme Court

Decided February 13, 1885PublishedCited by 10 opinions

Multnomah County. Both parties appeal. . On the 4th day of December, 1882, B. B. Wilson and J. B. Montgomery filed their petition with proof of notice in the county court of Multnomah County, for a ferry license between Portland and Albina, across the Willamette Biver, alleging, amongst other reasons, that the present facilities for crossing said river at or anywhere near said points are limited and of small capacity, and particularly insufficient in respect to the landings…

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Multnomah County. Both parties appeal. . On the 4th day of December, 1882, B. B. Wilson and J. B. Montgomery filed their petition with proof of notice in the county court of Multnomah County, for a ferry license between Portland and Albina, across the Willamette Biver, alleging, amongst other reasons, that the present facilities for crossing said river at or anywhere near said points are limited and of small capacity, and particularly insufficient in respect to the landings on both shores. That said landings are steep, and so poorly arranged that any kind of loaded teams have great difficulty…

1Opinion of the CourtLord, J.

The existence of the plaintiffs’ ferry, known as the u Albina Ferry,” is admitted by the record. The petition of the defendants rests their application in chief upon the insufficiency of the facilities as already existing and established for the accommodation of the public in crossing the river between the termini of the Albina Ferry. As a. link to connect the line of travel between these points, the averment is that the facilities are too limited. to meet the present and growing demands of the public convenience. The order of the county court not only assumes the legal existence of this…

2Cases cited22 opinions

  1. People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
  2. Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1877
  3. Conway v. Taylor'sSupreme Court of the United States · 1862
  4. Benson v. MayorNew York Supreme Court · 1850
  5. Bowman v. WathenDistrict Court, D. Indiana · 1841

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3Cited by10 opinions

  1. State ex rel. United Railways Co. v. WiethauptSupreme Court of Missouri · 1910
  2. Reid v. Lincoln CountyMontana Supreme Court · 1912
  3. United States v. King CountyCourt of Appeals for the Ninth Circuit · 1922
  4. Vallejo Ferry Co. v. Solano Aquatic ClubCalifornia Supreme Court · 1913
  5. Wilmington Shipyard, Inc. v. North Carolina State Highway CommissionCourt of Appeals of North Carolina · 1969

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