Legal Opinion

Portland Ry. v. City of Portland

U.S. Circuit Court for the District of Oregon

Decided September 12, 1910No. 3,650PublishedCited by 9 opinions

In Equity. Complaint by the Portland Railway, Light & Power-Company against the City of Portland and others.

1Opinion of the Court

BEAN, District Judge.

This suit is brought by the Portland Railway, Light & Power Company against the city of Portland and its-officers to enjoin the enforcement of an order of the common council of the city, opening, widening, and extending Belmont street so far as it affects the complainant’s right of way. In its bill the' complainant avers that it is an Oregon corporation owning and operating a street railway system in the city of Portland, arid is a common carrier of passengers for hire; that it owns and uses as a part of its system a right of way and easement 30 feet wide over private…

2Cases cited5 opinions

  1. Milwaukee & St. Paul Railway Co. v. City of FaribaultSupreme Court of Minnesota · 1876
  2. St. Paul Union Depot Co. v. City of St. PaulSupreme Court of Minnesota · 1883
  3. Oregon Short Line R. v. Postal Tel. Cable Co. of IdahoCourt of Appeals for the Ninth Circuit · 1901
  4. Iron Mountain R. Co. of Memphis v. City of MemphisCourt of Appeals for the Sixth Circuit · 1899
  5. Boston & Albany Railroad v. City Council of CambridgeMassachusetts Supreme Judicial Court · 1896

3Cited by9 opinions

  1. Marsh Mining Co. v. Inland Empire Mining & Milling Co.Idaho Supreme Court · 1916
  2. Carmack v. United StatesCourt of Appeals for the Eighth Circuit · 1943
  3. Kansas City v. AshleySupreme Court of Missouri · 1966
  4. Twin City Power Co. v. Savannah River Electric Co.Supreme Court of South Carolina · 1930
  5. United States v. Southern Power Co.Court of Appeals for the Fourth Circuit · 1929

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