Larsen v. Oregon Railway & Navigation Co.
Oregon Supreme Court
Appeal from Gilliam county: J. H. Bird, judge. This is an action for trespass alleged to have been committed by the defendant on the plaintiff’s lands in Gilliam connty, Oregon.
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Appeal from Gilliam county: J. H. Bird, judge. This is an action for trespass alleged to have been committed by the defendant on the plaintiff’s lands in Gilliam connty, Oregon. The complaint alleges, in substance, that on the first day of May, 1888, the plaintiff was the owner and in the possession of certain real property mentioned in the complaint, and that while the plaintiff so owned and possessed said lands, the defendant wilfully, unlawfully, and with force and arms, broke his close and entered said premises, and that said defendant at said time broke down a fence enclosing a portion…
1Opinion of the CourtStrahan, J.
In disposing of this appeal it will be most convenient to first consider the new matter in the answer, and then to *243refer to tbe exceptions taken upon the trial, for the reason that if the answer contains sufficient to give the defendant a right of way over the land in controversy, the judgment would have to be reversed as there is no reply, and whatever facts contained therein which are well pleaded, stand admitted on the record.
1. The appellant claims that the act of congress of March 3, 1875 (18 Stats. at Large, 482), granted to it the right of way through the lands in controversy. So much…
2Cases cited6 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
- Hutchings v. LowSupreme Court of the United States · 1873
- United States v. CookSupreme Court of the United States · 1874
- Red River & Lake of the Woods Railroad v. StureSupreme Court of Minnesota · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Benton v. JohncoxWashington Supreme Court · 1897
- Cole v. LoganOregon Supreme Court · 1893
- Enoch v. Spokane Falls & Northern Railway Co.Washington Supreme Court · 1893
- Brown v. BakerOregon Supreme Court · 1901
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