Pacific Ry. & Nav. Co. v. Elmore Packing Co.
Oregon Supreme Court
From Tillamook: William Galloway, Judge. Statement by Mr. Justice Moore. This is an action by the Pacific Ry. & Navigation Company against the Elmore Packing Company for the condemnation of land.
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From Tillamook: William Galloway, Judge. Statement by Mr. Justice Moore. This is an action by the Pacific Ry. & Navigation Company against the Elmore Packing Company for the condemnation of land. It is stated in the amended complaint that plaintiff is a corporation authorized to build, maintain, and operate lines of railway in Oregon; and the defendant is also a private corporation; that, pursuant to the powers granted to plaintiff, it caused to be surveyed, staked out, located, and definitely adopted a line of railway from Tillamook northerly through Garibaldi, in which latter town such line…
1Opinion of the CourtJustice Moore
Many exceptions to the ruling of the court were taken by the defendant’s counsel, but only a few of the alleged errors will be considered. George L. Davis, the engineer in chief in charge of the railway construction, as plaintiff’s witness testified that, limiting the width of the right of way to 75 feet as specified in the written waiver, the area of defendant’s land required was one-fifth of an acre; that the grade of the roadbed at the wharf would practically be level with that structure; that the extended line of the altered right of way would intersect the cannery at a point 22 feet…
2Cases cited5 opinions
- Oregon R. & N. Co. v. EastlackOregon Supreme Court · 1909
- Pacific Livestock Co. v. MurrayOregon Supreme Court · 1904
- Burton v. SeveranceOregon Supreme Court · 1892
- Ford v. Oregon Electric Ry. Co.Oregon Supreme Court · 1911
- United States v. McCannOregon Supreme Court · 1901
3Cited by14 opinions
- State Highway Commission v. Superbilt Manufacturing Co.Oregon Supreme Court · 1955
- State v. MorrisOregon Supreme Court · 1917
- Smith v. PallayOregon Supreme Court · 1929
- Coos Bay Logging Co. v. BarclayOregon Supreme Court · 1938
- State Highway Commission v. ParkerOregon Supreme Court · 1960
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