McQuaid v. Portland & Vancouver Railway Co.
Oregon Supreme Court
Appeal from the circuit court for Multnomah county. The appellant commenced an action against the respondent, a private corporation formed under the laws of the State, to recover damages caused by its constructing and operating a railway in certain streets in the city of East Portland.
Read the full summary
Appeal from the circuit court for Multnomah county. The appellant commenced an action against the respondent, a private corporation formed under the laws of the State, to recover damages caused by its constructing and operating a railway in certain streets in the city of East Portland. He alleged in his complaint that he was owner in fee of lots 7 and 8, block 67, situated at the southwest corner of Third and E streets, in said city, including 100 feet square, fronting and abutting upon said streets; and that his ownership thereof extended to the center of the part of said streets upon which…
1Opinion of the CourtThayer, C. J.
The principal question to be determined in this case is whether the appellant was entitled to recover damages from the respondent in consequence of its building and operating the street railway complained of, under the circumstances and in the manner in which it was constructed and used. There seems to be two views upon the subject, either of which is sustained by numerous pre*245cedents and authorities, although they differ widely. One of these views is that a lot owner in a town or city has a private property interest in the street in front of his lot, and that the appropriation of the street,…
2Cases cited1 opinion
- Cadle v. Muscatine Western RailroadSupreme Court of Iowa · 1876
3Cited by30 opinions
- Ralls Corp. v. Committee on Foreign Investment in the United StatesCourt of Appeals for the D.C. Circuit · 2014
- Thornburg v. Port of PortlandOregon Supreme Court · 1962
- Montgomery v. Santa Ana Westminster Railway Co.California Supreme Court · 1894
- State Highway Commission v. BaileyOregon Supreme Court · 1957
- Moore v. TrottCalifornia Supreme Court · 1909
25 more not listed; retrieve them via the Exa API.