Legal Opinion

Apex Transportation Co. v. Garbade

Oregon Supreme Court

Decided March 21, 1898PublishedCited by 23 opinions

From Multnomah: Henry E. McGinn, Judge. The Apex Transportation Company attempted to condemn a right of way for a skidroad through the lands of T. A. Garbade, and he appealed from a judgment of $350 for the property seized. After a motion for a rehearing had been denied, the company presented an application for a writ of error to the Supreme Court of the United States.

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From Multnomah: Henry E. McGinn, Judge. The Apex Transportation Company attempted to condemn a right of way for a skidroad through the lands of T. A. Garbade, and he appealed from a judgment of $350 for the property seized. After a motion for a rehearing had been denied, the company presented an application for a writ of error to the Supreme Court of the United States. The cause having been remanded to the circuit court with instructions to enter a nonsuit, such an order was duly made. Thereupon the transportation company again appealed, and respondent moved to dismiss the appeal.

1Opinion of the Court · BeanJustice Bean

The Apex Transportation Company, a corporation organized for the construction of a skidroad (Laws, 1895, 6), brought this action against the defendant to condemn for its corporate use a right of way over certain lands belonging to him. The right to the relief demanded was controverted on the ground,- among others, that the use for which the land sought to be condemned was required by the corporation was not a public, but a private, use. This question was raised by motion for a nonsuit, and also by a request for an instruction to the jury. The statute under which the action was brought (Laws,…

Also in this document: Opinion of the Court · Wolverton; Per curiam.

2Cases cited12 opinions

  1. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  2. Missouri v. LewisSupreme Court of the United States · 1880
  3. In Re Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1888
  4. Lent v. TillsonSupreme Court of the United States · 1891
  5. Marchant v. Pennsylyania RailroadSupreme Court of the United States · 1894

7 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Healy Lumber Co. v. MorrisWashington Supreme Court · 1903
  2. Rochester v. Seattle, Renton & Southern Railway Co.Washington Supreme Court · 1913
  3. Smith v. CameronOregon Supreme Court · 1922
  4. State v. HawkOregon Supreme Court · 1922
  5. Port of Umatilla v. RICHMONDOregon Supreme Court · 1958

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