Grant v. Oregon Navigation Co.
Oregon Supreme Court
From Clatsop: Thomas A. McBride, Judge. Statement by Mr. Justice Eakin. This is a proceeding by Bridget and Peter Grant against the Oregon Railroad & Navigation Co. to quiet title to the property lying between plaintiff’s lot and deep water, and to enjoin defendants from driving piles thereon. There was a decree for the plaintiff, and the defendants, Oregon Railroad & Navigation Co. and D. H. Welch, appeal.
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From Clatsop: Thomas A. McBride, Judge. Statement by Mr. Justice Eakin. This is a proceeding by Bridget and Peter Grant against the Oregon Railroad & Navigation Co. to quiet title to the property lying between plaintiff’s lot and deep water, and to enjoin defendants from driving piles thereon. There was a decree for the plaintiff, and the defendants, Oregon Railroad & Navigation Co. and D. H. Welch, appeal. The land above high water, upon which the City of Astoria is situated, bordering upon tide water of the Columbia River, was the donation land claim of Shively and wife, and was platted by…
1Opinion of the Court
Opinion by
Mr. Justice Eaicin.
1. The defendant, Oregon Railroad & Navigation Co., claims title to the wharfage rights in front of plaintiff’s property by virtue of the conveyance thereof from Taylor to its grantor, the Oregon Steam Navigation Co., in 1875, and prior to the sale of the tide, land by the state. By the legislative act of 1864 (Section 4042, B. & C. Comp.), it is provided that the owner of any land lying upon navigable water within the corporate limits of a city is authorized to construct a wharf upon the same and extend .it below low water. Thus, the upland owner was given the…
2Cases cited10 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Bowlby v. ShivelyOregon Supreme Court · 1892
- Goodsell v. LawsonCourt of Appeals of Maryland · 1875
- Miller v. MendenhallSupreme Court of Minnesota · 1890
- Parker v. TaylorOregon Supreme Court · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Pacific Elevator Co. v. PortlandOregon Supreme Court · 1913
- Gifford v. HortonWashington Supreme Court · 1909
- Gibson v. CarrollCourt of Appeals of Texas · 1915
- Almond v. AndereggOregon Supreme Court · 1976
- Richards v. Page Investment Co.Oregon Supreme Court · 1924
5 more not listed; retrieve them via the Exa API.