Eastern Oregon Land Co. v. Deschutes R.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Oregon; Robert S. Bean, Judge. Suit by the Eastern Oregon Band Company against the Deschutes Railroad Company. From the decree (213 Fed. 897), both parties appeal. In equity. Suit to restrain defendant railroad company from constructing, maintaining, or operating a railroad over certain lands owned by the complainant.
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Appeal from the District Court of the United States for the District of Oregon; Robert S. Bean, Judge. Suit by the Eastern Oregon Band Company against the Deschutes Railroad Company. From the decree (213 Fed. 897), both parties appeal. In equity. Suit to restrain defendant railroad company from constructing, maintaining, or operating a railroad over certain lands owned by the complainant. Prom a decree restraining complainant from interfering with the maintenance and operation of the railroad over the lands in suit, and awarding complainant damages in the sum of if 1,000 as compensation for…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). 1. With respect to the lands described as the north half of the southwest quarter of section 35, township 3 south, range 14 east, Willamette meridian, and lot 2 (northwest quarter of the northeast quarter) of section 3, township 4 south, range 14 east, Willamette meridian, the decree of the lower court provides that:
“The title of complainant to said property was acquired” subsequent to the acquirement of said right of way of defendant over said property, and the same is subject to such right of way, provided, however, that the right hereby decreed to…
2Cases cited5 opinions
- Henderson v. City of LexingtonCourt of Appeals of Kentucky · 1908
- Daniels v. WagnerSupreme Court of the United States · 1915
- Walker v. Shasta Power Co.Court of Appeals for the Ninth Circuit · 1908
- Grande Ronde Electrical Co. v. DrakeOregon Supreme Court · 1905
- Daniels v. WagnerCourt of Appeals for the Ninth Circuit · 1913