Sandstrom v. Oregon-washington Ry. & Nav. Co.
Oregon Supreme Court
Prom Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Burnett. This is an action by A. H. Sandstrom against the Oregon-Washington Railroad & Navigation Company.
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Prom Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Burnett. This is an action by A. H. Sandstrom against the Oregon-Washington Railroad & Navigation Company. Summarizing the complaint, it appears that, during all the times mentioned therein, the plaintiff was and still is the owner of a tract of land 100 feet square, upon which he resides, in the northwest quarter of a block of the City of Portland bounded on the north by Newark Street, on the east by Dana Street, on the south by the boundary of a donation claim, and on the west by Woolsey Street. Through the…
1Opinion of the CourtJustice Burnett
1. It was established, as stated in' the answer, that the public authorities had given permission for the construction of the railway. The effect of this is thus stated in 1 Lewis, Eminent Domain (3 ed.), Section 169, page 304:
“Authority to occupy a street, whether obtained directly from the legislature or from a local municipality, only protects the company to the extent of the public right or easement in the street and leaves tbe company to deal with private rights as in other eases”: Muhlker v. New York & Harlem R. R. Co., 197 U. S. 544 (49 L. Ed. 872, 25 Sup. Ct. Rep. 522).
In other words,…
2Cases cited33 opinions
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
- Muhlker v. New York & Harlem RailroadSupreme Court of the United States · 1905
- Tilly v. Mitchell & Lewis Co.Wisconsin Supreme Court · 1904
- Witsen v. GutmanCourt of Appeals of Maryland · 1894
- Vanderburgh v. City of MinneapolisSupreme Court of Minnesota · 1906
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3Cited by17 opinions
- Bacich v. Board of ControlCalifornia Supreme Court · 1943
- State Ex Rel. State Highway Commission v. BurkOregon Supreme Court · 1954
- Cabell v. City of Cottage GroveOregon Supreme Court · 1942
- Kurtz v. Southern Pacific Co.Oregon Supreme Court · 1916
- Johnson v. JeldnessOregon Supreme Court · 1917
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