Bridal Veil Lumbering Co. v. Johnson
Oregon Supreme Court
Appeal from Multnomah: H. Hurley, Judge. This was an action brought by the Bridal Veil Lumbering Company, under sections 3239 and 3240 of Hill’s Code, against D. S. Johnson to appropriate a right of way across defendant’s land. The company having previously attempted to build across defendant’s land without making any compensation whatever, was successfully enjoined, 24 Or. 183, and thereupon began this action.
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Appeal from Multnomah: H. Hurley, Judge. This was an action brought by the Bridal Veil Lumbering Company, under sections 3239 and 3240 of Hill’s Code, against D. S. Johnson to appropriate a right of way across defendant’s land. The company having previously attempted to build across defendant’s land without making any compensation whatever, was successfully enjoined, 24 Or. 183, and thereupon began this action. A trial having resulted in a verdict and judgment for plaintiff, defendant appeals, assigning error of the trial court in striking out part of the answer.
1Opinion of the Court
*106Opinion by
Mr. Justice Moore.
The material allegations of the complaint involved in this appeal, in substance, are: That the plaintiff is a corporation organized for the purpose, among other things, of constructing and operating a railroad in this state between given terminal points; that it is necessary and convenient that a tract thirty feet in width on each side of the center line of said railroad as surveyed across defendant’s land be appropriated. The answer having denied these allegations, the portion thereof containing such denials was, upon motion of the plaintiff, stricken -out by the…
2Cases cited5 opinions
- Hopwood v. PattersonOregon Supreme Court · 1862
- Dalles Lumbering Co. v. UrquhartOregon Supreme Court · 1888
- Oregon Central R. R. v. WaitMultnomah County Circuit Court, Oregon · 1868
- Derkeny v. BelfilsOregon Supreme Court · 1872
- Oregon Central R. R. v. ScogginMultnomah County Circuit Court, Oregon · 1869
3Cited by7 opinions
- Smith v. CameronOregon Supreme Court · 1922
- Hooton v. Jarman Chevrolet Co.Oregon Supreme Court · 1931
- The Multorpor Co. v. ReedOregon Supreme Court · 1927
- Grande Ronde Electrical Co. v. DrakeOregon Supreme Court · 1905
- State v. FitzgeraldOregon Supreme Court · 1936
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