Bridal Veil Lumbering Co. v. Johnson
Oregon Supreme Court
From Multnomah: Hartwell Hurley, Judge. This is an action by the Bridal Veil Lumbering Co. against D. S. Johnson, to condemn a right of way for a railroad.
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From Multnomah: Hartwell Hurley, Judge. This is an action by the Bridal Veil Lumbering Co. against D. S. Johnson, to condemn a right of way for a railroad. The defense is that plaintiff was organized for the operation of a saw mill for the manufacture of lumber, and the proposed railroad is intended for its own private use and benefit in connection therewith, and not for the ordinary purposes of a railroad for the transportation of freight and passengers, and that therefore the use for which the land is required by the plaintiff corporation is not public, so as to justify the exercise in its…
1Opinion of the Court
Mr. Justice Bean,
after stating the case in the foregoing language, delivered the following opinion of the •court:
1. There being no bill of exceptions in the record, the only question for our determination is whether the findings of fact support the judgment. The right of eminent domain is a right of sovereignty, and can be exercised only by legislative authority, and for a public use or benefit. When, therefore, a particular corporation claims the right to take private property without the consent of the owner, it must show not only a legislative warrant, but, if its right is challenged on…
2Cases cited5 opinions
- In Re Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1888
- Chicago & Eastern Illinois Railroad v. WiltseIllinois Supreme Court · 1886
- Phillips v. WatsonSupreme Court of Iowa · 1884
- Ross v. DavisIndiana Supreme Court · 1884
- Hume v. FranzenSupreme Court of Iowa · 1887
3Cited by35 opinions
- Healy Lumber Co. v. MorrisWashington Supreme Court · 1903
- Ulmer v. Lime Rock RailroadSupreme Judicial Court of Maine · 1904
- Smith v. CameronOregon Supreme Court · 1922
- State v. HawkOregon Supreme Court · 1922
- Lake Koen Navigation, Reservoir & Irrigation Co. v. KleinSupreme Court of Kansas · 1901
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