Oregon Trunk Line, Inc. v. Deschutes R. Co.
U.S. Circuit Court for the District of Oregon
In Equity. On cross-motions for preliminary injunctions.
1Opinion of the Court
BEAN, District Judge.
This is a contest between two railroad companies for the possession of and the right to build a railroad on a strip of land 200 feet wide and about 20 miles long through the public lands of the United States on the east side of the upper Deschutes river, in this state, and each company is asking for a preliminary restraining order against the other. Both claim the right to occupy the land in question under Act Cong. March 3, 1875, c. 152, 18 Stat. 482 (U. S. Comp. St. 1901, p. 1508), "granting to railroads the right of way through the public lands of the United States.”…
2Cases cited7 opinions
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
- Jamestown & Northern Railroad v. JonesSupreme Court of the United States · 1900
- Railway Co. v. AllingSupreme Court of the United States · 1879
- Duluth & Iron Range Railroad v. RoySupreme Court of the United States · 1899
- Hartman v. WarrenCourt of Appeals for the Eighth Circuit · 1896
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3Cited by4 opinions
- American Indians Residing on the Maricopa-Ak Chin Reservation v. United StatesUnited States Court of Claims · 1981
- Stepan v. Northern Pacific Railway Co.Montana Supreme Court · 1928
- Jackman v. Atchison, T. & S. F. R. Co.New Mexico Supreme Court · 1918
- King County v. AbernathyDistrict Court, W.D. Washington · 2022