Kurtz v. Southern Pacific Co.
Oregon Supreme Court
From Marion: William Galloway, Judge. Department 2. Statement by Mr. Chief Justice Moore. This is a suit by G. Frederic Kurtz to enjoin the Southern Pacific Company, a corporation, and the Oregon & California Railroad Company, a corporation, from building a railway switch in a public street.
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From Marion: William Galloway, Judge. Department 2. Statement by Mr. Chief Justice Moore. This is a suit by G. Frederic Kurtz to enjoin the Southern Pacific Company, a corporation, and the Oregon & California Railroad Company, a corporation, from building a railway switch in a public street. The facts are that the defendant, the Oregon & California Railroad Company, a corporation, owns a steam railway system, the main line of which is laid north and south on Twelfth Street in Salem, Oregon. From this line at that place a short branch, used for transportation of freight,‘extends west along the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
r 1. The statute of' this state provides generally that when, upon proper application and due notice, the County Court of any county vacates a street, the land so dedicated to the public shall be attached to the lots or ground bordering on such street, and all right or title thereto shall vest in the person or persons owning the property on each side thereof, in equal proportions: Section 3279, L. O. L. In construing this enactment it has been held that notwithstanding the dedication of a city street, the title in fee to the highway remains *217in the dedicator…
2Cases cited10 opinions
- McCammon & Lang Lumber Co. v. Trinity & Brazos Valley Railway Co.Texas Supreme Court · 1911
- Willamette Iron Works v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1894
- McQuaid v. Portland & Vancouver Railway Co.Oregon Supreme Court · 1889
- Lankin v. TerwilligerOregon Supreme Court · 1892
- Huddleston v. City of EugeneOregon Supreme Court · 1899
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3Cited by17 opinions
- Thornburg v. Port of PortlandOregon Supreme Court · 1962
- Tomasek v. Oregon State Highway CommissionOregon Supreme Court · 1952
- Morrison v. Clackamas CountyOregon Supreme Court · 1933
- Morris v. City of SalemOregon Supreme Court · 1946
- Lowell v. Pendleton Auto Co.Oregon Supreme Court · 1927
12 more not listed; retrieve them via the Exa API.