Board of Commissioners v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Spink County. Hon. Alva E. Taylor, Judge. Proceedings by the county ■commissioners of Spink county on the petition of J. M. Miles and others to compel the construction of a crossing over the right of way of the Chicago, Milwaukee & St. Paul Railway Company in Spink county, S. D. From a judgment of the circuit court affirming an order of the county commissioners requiring- the railroad company to construct the crossing, it appeals.
1Opinion of the CourtCorson, J.
This is an appeal by the defendant from a judgment of the circuit court affirming an order made by the county commissioners of Spink county requiring said defendant to construct a crossing- over a section line highway crossed by the defendant company’s railroad.
The proceedings were instituted under the provisions of sections 527 to 531, inclusive, of the Civil Code, which provides, in substance, as follow's: Whenever five electors, residents upon a traveled -highway upon any section line in this state over or across which any railroad company may have a track or operate a line of railroad,…
2Cases cited19 opinions
- Law v. City & County of San FranciscoCalifornia Supreme Court · 1904
- Norwood v. Gonzales CountyTexas Supreme Court · 1891
- Town of Ottawa v. WalkerIllinois Supreme Court · 1859
- City of Eudora v. MillerSupreme Court of Kansas · 1883
- McGrew v. StewartSupreme Court of Kansas · 1893
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3Cited by4 opinions
- Parsons v. . WrightSupreme Court of North Carolina · 1943
- Herrmann v. Bd. of Com'rs of City of AberdeenSouth Dakota Supreme Court · 1979
- Northwestern Bell Telephone Co. v. Chicago & North Western Transportation Co.South Dakota Supreme Court · 1976
- Northwestern Bell Telephone Co. v. Chicago & North Western Transportation Co.South Dakota Supreme Court · 1976