Swendig v. Washington Water Power Co.
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. Appeal from a decree of the Circuit Court of Appeals which affirmed a decree of the District Court enjoining the appellants from interfering with the operation and use of the appellee’s (plaintiff’s) electric power line, and quieting the appellee’s right to use the land traversed by it, under permits from the Secretary of the Interior.
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. Appeal from a decree of the Circuit Court of Appeals which affirmed a decree of the District Court enjoining the appellants from interfering with the operation and use of the appellee’s (plaintiff’s) electric power line, and quieting the appellee’s right to use the land traversed by it, under permits from the Secretary of the Interior. Under the act of Congress, appellee acquired no easement, interest or title, but only a license. Its present rights must be construed as the rights of any other individual operating under a…
1Opinion of the CourtJustice Butler
Appellee is a corporation engaged in the generation and distribution of electrical energy in Washington and Idaho. It has a high tension power transmission line extending from Spokane, Washington, to Burke, Idaho, in the Coeur d’Alene Mining District. The line was constructed in 1902 and 1903. A portion of it was located across certain lands then unsurveyed and constituting a part of the Coeur d’Alene Indian Reservation. Telephone wires were strung on the poles carrying the power line for use in connection with the operation and maintenance of that line. And there was constructed a patrol…
2Cases cited7 opinions
- United States v. SchurzSupreme Court of the United States · 1880
- Witherspoon v. DuncanSupreme Court of the United States · 1867
- Logan v. DavisSupreme Court of the United States · 1914
- Stoddard v. ChambersSupreme Court of the United States · 1844
- Jamestown & Northern Railroad v. JonesSupreme Court of the United States · 1900
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3Cited by58 opinions
- Brewster v. GageSupreme Court of the United States · 1930
- Great Northern Railway Co. v. United StatesSupreme Court of the United States · 1942
- Wisconsin v. IllinoisSupreme Court of the United States · 1929
- Louisville & Nashville Railroad v. United StatesSupreme Court of the United States · 1931
- Helvering v. Richmond, F. & P. R. Co.Court of Appeals for the Fourth Circuit · 1937
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