State v. Corvallis & Eastern R.
Oregon Supreme Court
From Linn: George H. Burnett, Judge. Statement by Mr. JUSTICE MOORE. This is an action by the State of Oregon against the Corvallis & Eastern Railroad Company, a corporation, to recover a penalty for failure to comply with an order of the Railroad Commission.
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From Linn: George H. Burnett, Judge. Statement by Mr. JUSTICE MOORE. This is an action by the State of Oregon against the Corvallis & Eastern Railroad Company, a corporation, to recover a penalty for failure to comply with an order of the Railroad Commission. The complaint states in effect that the defendant is, and at all times therein alleged was, a private corporation owning and operating a railroad extending from Yaquina, Oregon, to Detroit, in this State, its line of railway passing through the town of Lyons, which latter village “is a regular station”; that certain named persons,…
1Opinion of the CourtJustice Mooee
1. It is maintained that in overruling the demurrer an error was committed. It is argued that as the complaint fails to aver that defendant maintained an agent at Lyons plaintiff’s primary pleading does not state facts sufficient to constitute a cause of action. Section 22 of the railroad commission act, so far as deemed to be involved on this branch of the inquiry, is as follows:
“It shall be the duty of every railroad to provide_and maintain adequate depots and depot buildings, and clean and suitable toilet rooms, or buildings at its regular stations where an agent is maintained.” Laws Or.…
2Cases cited28 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
- Commonwealth ex rel. McClain v. LockeSupreme Court of Pennsylvania · 1873
- Chicago, Burlington, & Quincy Railroad v. IowaSupreme Court of the United States · 1877
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3Cited by15 opinions
- Bailey v. Van PeltSupreme Court of Florida · 1919
- In re Willow CreekOregon Supreme Court · 1914
- Craig v. O'RearCourt of Appeals of Kentucky · 1923
- Savage v. MartinOregon Supreme Court · 1938
- City of Portland v. WelchOregon Supreme Court · 1936
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