Rio Grande Western Railway Co. v. Stringham
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP UTAH. The facts, which involve the construction of the Railroad Right-of-Way Act of March 3, 1875, are stated in the opinion. A railway company which complies, with the act of Congress of March 3, 1875, acquires a title in fee simple, and not merely an easement or right of way. New Mexico v. U. S. Trust Co., 172 U. S. 171; Nor. Pac. R. R. v. Townsend, 190 U. S. 267; West. Un. Tel.
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ERROR TO THE SUPREME COURT OP THE STATE OP UTAH. The facts, which involve the construction of the Railroad Right-of-Way Act of March 3, 1875, are stated in the opinion. A railway company which complies, with the act of Congress of March 3, 1875, acquires a title in fee simple, and not merely an easement or right of way. New Mexico v. U. S. Trust Co., 172 U. S. 171; Nor. Pac. R. R. v. Townsend, 190 U. S. 267; West. Un. Tel. Co. v. Pennsylvania R. R., 195 U. S. 540, 570; Oregon Short Line v. Stalker, 95 Pac. Rep. 56; Nor. Pac. R. R. v. Myers-Parr Co., 103 Pac. Rep. 453.
1Opinion of the CourtJustice Van Devanter
This was a suit to quiet the title to a strip of land claimed and used by the plaintiff as a railroad right of way under the act of March 3, 1875, c. 152, 18 Stat. 482, and to which the defendants asserted title under a patent for a placer mining claim. At the trial the facts were specially found and judgment for the defendants was entered upon the findings. In reviewing that judgment the Supreme Court of the State, accepting the findings below, held that the plaintiff in virtue of proceedings had in the Land Department under the Right-of-Way Act while the land was yet public acquired a right…
2Cases cited13 opinions
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- Western Union Telegraph Co. v. Pennsylvania RailroadSupreme Court of the United States · 1904
- Bostwick v. BrinkerhoffSupreme Court of the United States · 1882
- Chesapeake & Ohio Railway Co. v. McCabeSupreme Court of the United States · 1909
- New Mexico v. United States Trust Co.Supreme Court of the United States · 1898
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3Cited by65 opinions
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- United States v. Union Pacific RailroadSupreme Court of the United States · 1957
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- Choctaw, Oklahoma & Gulf Railroad v. MacKeySupreme Court of the United States · 1921
- Georgia Railway & Power Co. v. Town of DecaturSupreme Court of the United States · 1923
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