Lake v. Virginia & Truckee Railroad
Nevada Supreme Court
Appeal from the District Court of tbe Second Judicial District, Washoe County. The facts are fully stated in the opinion. I. If Lake’s right or franchise could be made exclusive as to wagons and horses, or the ordinary primitive modes of transportation, so also it could be as to railroads or any of the improved modes of transportation.
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Appeal from the District Court of tbe Second Judicial District, Washoe County. The facts are fully stated in the opinion. I. If Lake’s right or franchise could be made exclusive as to wagons and horses, or the ordinary primitive modes of transportation, so also it could be as to railroads or any of the improved modes of transportation. Livingston v. Van .Ingen, 9 John. 507 ; Ogden v. Gibbons, 9 Wheaton, 1; Livingston v. Pitch, 4 Sandf. 492; 1 Hill, 469; 2 Conn. 484; 7 Conn. 28 ; 16 Conn. 149 ; 22 Cal. 898; 5 Wend. 444; 20 Johns. 100;. 4 Pick. 180; 2 McLean, 377 ; 17 Conn. 93: Binghampton…
1Opinion of the Court
By the Court,
Whitman, J.:
Appellant sought in the district court an injunction, “ restraining defendant (respondent) * * * from conveying across Truckee river, within one mile on either side of plaintiff’s (appellant’s) bridge, either persons or property, by any bridge, ferry, or other public means of conveying persons or property,” and for general relief. From an order refusing the injunction, this appeal is taken.
Appellant bases his claim upon a grant of the territorial legislature, set forth in his bill, the substance of which it is better to repeat here, as it will be necessary in the…
2Cases cited7 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Bridge Proprietors v. Hoboken Co.Supreme Court of the United States · 1864
- Perrine v. Chesapeake & Delaware Canal Co.Supreme Court of the United States · 1850
- Enfield Toll Bridge Co. v. Hartford & New-Haven Rail-RoadSupreme Court of Connecticut · 1845
- McLeod v. Savannah, Albany & Gulf RailroadSupreme Court of Georgia · 1858
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3Cited by4 opinions
- State ex rel. Keith v. Dayton & Virginia Toll-Road Co.Nevada Supreme Court · 1875
- State ex rel. Boardman v. LakeNevada Supreme Court · 1873
- Sjostrum v. State Highway CommissionMontana Supreme Court · 1951
- Sjostrum v. State Highway CommissionMontana Supreme Court · 1951