Willamette Iron Works v. Oregon Railway & Navigation Co.
Oregon Supreme Court
Appeal from Multnomah: Loyal B. Stearns, Judge. This is a suit by an abutting owner to enjoin and restrain the defendant from occupying a portion of the street in front of plaintiff’s property with an approach to its bridge across the Willamette Eiver at Portland.
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Appeal from Multnomah: Loyal B. Stearns, Judge. This is a suit by an abutting owner to enjoin and restrain the defendant from occupying a portion of the street in front of plaintiff’s property with an approach to its bridge across the Willamette Eiver at Portland. The plaintiff’s premises are situated on the west side of Third Street, and are bounded on the south by G Street, on the north by H Street, and on the west by Fourth Street, and ■occupying that portion of the property abutting on Third Street is a two-story brick and iron building, used as a foundry and machine shop. Third Street is…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. Counsel for defendant seeks to reverse the decree of the court below on the grounds (1) that the erection of the bridge and its approach in Third Street, under legislative and municipal authority, violates no property rights of plaintiff, and consequently it is without remedy, although its property may be injured; and (2) the plaintiff’s remedy, if it has any, is by an action at law to recover damages, and not by suit for an injunction. But few questions have come before the courts in recent years involving larger pecuniary interests or of greater practical…
2Cases cited12 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Barney v. KeokukSupreme Court of the United States · 1877
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- State v. BerdettaIndiana Supreme Court · 1880
7 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- State Ex Rel. State Highway Commission v. BurkOregon Supreme Court · 1954
- Thornburg v. Port of PortlandOregon Supreme Court · 1962
- Cabell v. City of Cottage GroveOregon Supreme Court · 1942
- Brand v. Multnomah CountyOregon Supreme Court · 1900
- Coast Range Conifers, LLC v. State Ex Rel. Oregon State Board of ForestryOregon Supreme Court · 2005
26 more not listed; retrieve them via the Exa API.