Kelly v. People's Transportation Co.
Clackamas County Circuit Court, Oregon
This is a suit for partition of a tract of land, lying on tbe west bank of tbe Willamet River, and extending above and below the Willamet Kails, at Oregon City. Tbe plaintiff avers that be is owner of an undivided half of tbe parcel, and that tbe People’s Transportation Company is the owner of the other undivided half, and that each of the other defendants claim an undivided eighth of said premises, adversely to the said People’s Transportation Company.
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This is a suit for partition of a tract of land, lying on tbe west bank of tbe Willamet River, and extending above and below the Willamet Kails, at Oregon City. Tbe plaintiff avers that be is owner of an undivided half of tbe parcel, and that tbe People’s Transportation Company is the owner of the other undivided half, and that each of the other defendants claim an undivided eighth of said premises, adversely to the said People’s Transportation Company. All the defendants who have answered, admit the plaintiff’s title, as alleged. The People’s Transportation Company answer, claiming title to…
1Opinion of the CourtUpton, J.
rendered the following decision:
The evidence shows that up to the present time the business of the defendant, the People’s Transportation Co., at the portage, has been transacted wholly on the east side of the river. There was some evidence tending to show that, in case of very high water, a canal or railroad on the west side of the river, over the premises in controversy, would, if constructed, enable that company to do business more conveniently and profitably than it could be done on the east side. And that at some future time the P. T. Co. will, or may, have occasion to use a part of the…
2Cases cited3 opinions
- People v. MauranNew York Supreme Court · 1848
- Attorney General v. Life & Fire InsuranceNew York Court of Chancery · 1842
- Jackson ex dem. People v. BrownNew York Supreme Court · 1830
3Cited by6 opinions
- Tyler v. CateOregon Supreme Court · 1896
- State Ex Rel. Sisemore v. Standard Optical Co.Oregon Supreme Court · 1947
- Chicago, Indianapolis & Louisville Railway Co. v. BaughIndiana Supreme Court · 1911
- Rexroth v. HollowayIndiana Court of Appeals · 1909
- Deschutes Co. v. LaraOregon Supreme Court · 1928
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