Carson River Lumbering Co. v. Bassett
Nevada Supreme Court
Appeal from a judgment of the District Court of the First Judicial District, Storey County, Hon. Richard Rising presiding. The facts are stated in the Opinion. Cradlebaugh urged the point, that the Territorial Legislature had no -authority to grant the exclusive use of the Carson River to the assignors of the plaintiff. Whitman argued that a corporation can only exercise such powers as are expressly conferred. Here there was no power to collect tolls.
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Appeal from a judgment of the District Court of the First Judicial District, Storey County, Hon. Richard Rising presiding. The facts are stated in the Opinion. Cradlebaugh urged the point, that the Territorial Legislature had no -authority to grant the exclusive use of the Carson River to the assignors of the plaintiff. Whitman argued that a corporation can only exercise such powers as are expressly conferred. Here there was no power to collect tolls. The powers of corporations are to be construed strictly. A franchise is not the subject of sale. The facts as proved in this case will not…
1Opinion of the Court
Opinion by
Lewis, C. J., Beatty, J., concurring.
On the twenty-eighth day of November, a.d. 1861, the Legislar ture of the Territory of Nevada passed an Act entitled “ An Act for the improvement of the east branch of Carson River,” by which C. II. Hobbs, J. C. Russell, David Smith, and J. L. Rennall were authorized and empowered so to improve the east branch of the Carson River from where it crosses the boundary line between California and Nevada Territory to the junction of the same with its west branch, and thence the main channel to the town of Empire City in Ormsby County, by removing logs,…
2Cited by7 opinions
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- Dixon v. AhernNevada Supreme Court · 1887
- Board of Com'rs v. Southwest Natural Gas Co.Supreme Court of Oklahoma · 1943
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