Oregon Central R. R. v. Wait
Multnomah County Circuit Court, Oregon
This was an action by a railway corporation, to obtain a right of way, for tbe plaintiffs railroad through a parcel of about three hundred and twenty acres of tbe defendant’s land.
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This was an action by a railway corporation, to obtain a right of way, for tbe plaintiffs railroad through a parcel of about three hundred and twenty acres of tbe defendant’s land. Tbe answer denies knowledge or information, sufficient to form a belief whether the plaintiff is a corporation; denies that the parcel sought to be appropriated contains no more than seven and a half acres, and alleges that it contains ten acres; and it avers that the construction of the proposed road, will injure and damage the residue of the defendant’s said parcel, $1,200. The replication denies that the parcel…
1Opinion of the Court
The motion for a new trial was overruled upon the following grounds:
Upton, J.
This is a proceeding under the statute providing a special mode of obtaining the right of way by a railway corporation. (Code, p. 670.)
The statute provides, that “ the defendant in his answer may set forth any legal defense to such appropriation of such lands, or any portion thereof; or, omitting such defense, may aver the true value of the land in question, or the damages resulting from the appropriation thereof, or both. And the act further provides, that “ such action shall be commenced and proceeded in to final…
2Cited by7 opinions
- Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- State Highway Commission v. BaileyOregon Supreme Court · 1957
- Oregonian Ry. Co. v. Oregon Ry. & Nav. Co.United States Circuit Court · 1884
- The Multorpor Co. v. ReedOregon Supreme Court · 1927
- Bridal Veil Lumbering Co. v. JohnsonOregon Supreme Court · 1893
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