Legal Opinion

Northwestern Elec. Co. v. Zimmerman

Oregon Supreme Court

Decided October 7, 1913PublishedCited by 5 opinions

From Multnomah: James W. Hamilton, Judge. Bn Banc. Statement by Mr. Justice Bakin. This is an action by the Northwestern Electric Company, a corporation, against George H. Zimmerman and Jessie Zimmerman, his wife, to condemn trees that would be a menace to a line of poles and wires to be used in conveying an electric current.

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From Multnomah: James W. Hamilton, Judge. Bn Banc. Statement by Mr. Justice Bakin. This is an action by the Northwestern Electric Company, a corporation, against George H. Zimmerman and Jessie Zimmerman, his wife, to condemn trees that would be a menace to a line of poles and wires to be used in conveying an electric current. Plaintiff is a corporation of the State of "Washington and is- constructing a line of poles and wires for the transmission of electricity for power and light purposes in cities and towns and to railroads .and other utilities in the State of Oregon. Its complaint states…

1Opinion of the CourtJustice Eakin

1. Defendants demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. Two objections to the complaint are suggested, namely, that the plaintiff has not capacity to sue, and that the complaint does not show that plaintiff has any line or right of way that is menaced by the trees. Defendants contend that the right of eminent domain is not extended to foreign corporations in the State of Oregon. Plaintiff relies exclusively upon Section 6245, L. O. L., which provides : “A right of way and privilege is hereby granted to any person, persons,…

2Cases cited4 opinions

  1. St. Louis, Kansas City & Colorado Railroad v. LewrightSupreme Court of Missouri · 1893
  2. Russell v. St. Louis, Southwestern Railway Co.Supreme Court of Arkansas · 1903
  3. N.Y., N.H. H.R.R. Co. v. . WelshNew York Court of Appeals · 1894
  4. In re MarksNew York Supreme Court · 1889

3Cited by5 opinions

  1. Central Hanover Bank & Trust Co. v. Pan American Airways, Inc.Supreme Court of Florida · 1939
  2. Seater v. Penn Mutual Life InsuranceOregon Supreme Court · 1945
  3. Oregon Mesabi Corp. v. C. D. Johnson Lumber Corp.Court of Appeals for the Ninth Circuit · 1947
  4. A. W. Cline v. Kansas Gas and Electric Company, a CorporationCourt of Appeals for the Tenth Circuit · 1958
  5. Milton-Freewater & Hudson Bay Irrigation Co. v. SkeenOregon Supreme Court · 1926

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