WATER POWER CO. v. STREET RAILWAY CO.

No. 67.

172 U.S. 475 (1899)

19 S.Ct. 247

43 L.Ed. 521

COLUMBIA WATER POWER COMPANY, v. COLUMBIA ELECTRIC STREET RAILWAY LIGHT AND POWER COMPANY.

Supreme Court of United States.

Decided January 9, 1899.


Attorney(s) appearing for the Case

Mr. LeRoy F. Youmans for plaintiff in error.

Mr. William H. Lyles for defendant in error. Mr. John T. Sloan was on his brief.


MR. JUSTICE BROWN, after stating the case, delivered the opinion of the court.

1. A preliminary motion was made to dismiss this writ of error upon the ground that no Federal question was involved, and even if there were such question, it was not "specially set up and claimed" in the state court, as required by Rev. Stat. § 709.

An examination of the complaint shows that the plaintiff relies upon the act of the...

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