Little Nestucca Road Co. v. Tillamook County
Oregon Supreme Court
From Tillamook: Henry H. Hewitt, Judge. Suit by the Little Nestucca Toll Road Company against Tillamook County and another to restrain a threatened trespass on plaintiff’s toll road. A demurrer to the complaint was sustained, and plaintiff appeals.
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
This is a suit to enjoin a threatened trespass. The plaintiff alleges, in substance, that, having been duly incorporated for that purpose, it built at great expense, and for more than ten years last past has been the owner of, and expended large sums of *3money in maintaining, the sixty foot toll road extending from the eastern boundary of said county through the town of Dolph, thence westerly along the banks of the Little Nestucca River to the Pacific Ocean, and that under the laws of this state it is entitled to demand and has been collecting tolls for travel…
2Cases cited4 opinions
- Matter of City of BuffaloNew York Court of Appeals · 1877
- Baltimore & Ohio & Chicago Railroad v. NorthIndiana Supreme Court · 1885
- Boston & Maine Railroad v. Lowell & Lawrence RailroadMassachusetts Supreme Judicial Court · 1878
- Providence & Worcester Railroad v. Norwich & Worcester RailroadMassachusetts Supreme Judicial Court · 1885
3Cited by12 opinions
- Emerald PUD v. PP & LOregon Supreme Court · 1986
- Huddleston v. City of EugeneOregon Supreme Court · 1899
- Sherrard v. WerlineOregon Supreme Court · 1939
- State ex rel. City of Cle Elum v. County of KittitasWashington Supreme Court · 1919
- Emerald People's Utility District v. Pacific Power & Light Co.Court of Appeals of Oregon · 1985
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