Coeur d'Alene & St. Joe Transportation Co. v. Ferrell
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. .Hon. John M. Flynn, Judge. Action by plaintiff for a perpetual injunction against defendants. Judgment for plaintiff and defendants appealed. The lease intends to create a monopoly in so far as it can lawfully be^done in favor of the transportation company in a public terminal facility.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. .Hon. John M. Flynn, Judge. Action by plaintiff for a perpetual injunction against defendants. Judgment for plaintiff and defendants appealed. The lease intends to create a monopoly in so far as it can lawfully be^done in favor of the transportation company in a public terminal facility. So long as the plaintiff enjoys the facility, this wharf, in relation to freight not billed through, the railroad company is bound to grant defendants the same privilege. (Sec. 6, art. 11, Const, of Idaho; Indian River…
1Opinion of the CourtAilshie, J.
This action was brought by the Coeur d’Alene & St. Joe Transportation Co. against the defendants, Ferrell, Taylor and Lester, to restrain and enjoin them from landing and tying their boats to what is known as the ! ‘ Electric” dock, at Coeur d’Alene City. The electric dock is the dock of the electric railway company known as the Spokane & Inland Empire Ry. Co. This railroad was built about the year 1903, and at the time of its construction it acquired from the federal government twenty acres of land under the provisions of the act of Congress of March 3, 1878 (18 Stat. at Large, 482), which…
2Cases cited6 opinions
- Weems Steamboat Co. of Baltimore v. People's Steamboat Co.Supreme Court of the United States · 1909
- Louisville & Nashville Railroad v. West Coast Naval Stores Co.Supreme Court of the United States · 1905
- Kalamazoo Hack & Bus Co. v. SootsmaMichigan Supreme Court · 1890
- Indian River Steamboat Co. v. East Coast Transportation Co.Supreme Court of Florida · 1891
- Oregon Short Line Railroad v. QuigleyIdaho Supreme Court · 1905
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3Cited by2 opinions
- Wheeler v. American National Bank of BeaumontCourt of Appeals of Texas · 1960
- New Britain Transportation Co. v. Commissioner of TransportationSupreme Court of Connecticut · 2016