Legal Opinion

Washington & Idaho Railroad v. Osborn

Supreme Court of the United States

Decided December 2, 1895No. 5PublishedCited by 28 opinions

APPEAL PROM THE SUPREME COURT OP THE TERRITORY OP IDAHO. The Washington and Idaho Railroad Company, a corporation organized under the laws of Washington Territory, on September 18, 1888, filed a bill of complaint in the District Court of the First Judicial District of the Territory of Idaho against S. V. William Osborn, asserting a right to construct and maintain a railroad across lands in possession of the defendant.

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APPEAL PROM THE SUPREME COURT OP THE TERRITORY OP IDAHO. The Washington and Idaho Railroad Company, a corporation organized under the laws of Washington Territory, on September 18, 1888, filed a bill of complaint in the District Court of the First Judicial District of the Territory of Idaho against S. V. William Osborn, asserting a right to construct and maintain a railroad across lands in possession of the defendant. The cause was put at issue by answer and replication, and the court made the following findings of facts: “First. That on the 5th day of July, 1886, the plaintiff became a duly…

1Opinion of the CourtJustice Shiras

This case is before us on appeal from a judgment of the Supreme Court of the Territory of Idaho affirming a decree of the District Court of that Territory, which decree dismissed a bill of complaint brought by the Washington and Idaho Railroad Company against William Osborn.

The railroad company was organized under the laws of the Territory of Washington, and was constructing its road from ' a point in that Territory, by a route through the Territory of Idaho, to the town of Missoula in the Territory of Montana. In constructing its road through the Territory of Idaho the plaintiff company…

2Cases cited3 opinions

  1. Frisbie v. WhitneySupreme Court of the United States · 1870
  2. Hutchings v. LowSupreme Court of the United States · 1873
  3. Buxton v. TraverSupreme Court of the United States · 1889

3Cited by28 opinions

  1. Teachey v. . GurleySupreme Court of North Carolina · 1938
  2. Great Northern Railway Co. v. SteinkeSupreme Court of the United States · 1923
  3. El Pueblo de Puerto Rico v. Burgos FuentesSupreme Court of Puerto Rico · 1953
  4. Spokane Falls & Northern Railway Co. v. ZieglerSupreme Court of the United States · 1897
  5. American Indians Residing on the Maricopa-Ak Chin Reservation v. United StatesUnited States Court of Claims · 1981

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