Legal Opinion

Southern Pacific Railroad Company v. United States

Supreme Court of the United States

Decided February 26, 1912No. 121PublishedCited by 1 opinion

APPEAL PROM THE CIRCUIT COURT OP APPEALS FOR THE NINTH CIRCUIT. The facts, which involve rights of the Southern Pacific Railroad Company under its branch line grant to lands within the overlap of the Atlantic and Pacific Railroad Company grant, are stated in the opinion. The Southern Pacific Railroad Company under its branch line, grant of March 3, 1871, was entitled to select the lands in question in lieu of lands lost within the place limits of its grant.

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APPEAL PROM THE CIRCUIT COURT OP APPEALS FOR THE NINTH CIRCUIT. The facts, which involve rights of the Southern Pacific Railroad Company under its branch line grant to lands within the overlap of the Atlantic and Pacific Railroad Company grant, are stated in the opinion. The Southern Pacific Railroad Company under its branch line, grant of March 3, 1871, was entitled to select the lands in question in lieu of lands lost within the place limits of its grant. A railroad is entitled to select indemnity lands from any lands within the indemnity limits of its grant which at the time of selection…

1Opinion of the CourtJustice Holmes

This is a bill brought by the United States to annul patents for lands lying within the indemnity limits of the grant made to the Southern Pacific Railroad Company by the act of March 3,1871, c. 122, § 23,16 Stat. 573, 579, known as the branch line grant, and within the grant made to the Atlantic and Pacific Railroad Company by the act of July 27, 1866, c. 278, 14 Stat. 292. The Atlantic and Pacific road forfeited its grant, (act of July 6, 1886, c. 637, 24 Stat. 123), and thereafter the Southern Pacific selected the two parcels in. question, as indemnity under its branch fine grant, one of…

2Cases cited7 opinions

  1. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
  2. United States v. Southern Pacific RailroadSupreme Court of the United States · 1892
  3. Ryan v. Railroad Co.Supreme Court of the United States · 1879
  4. United States v. Colton Marble & Lime Co.Supreme Court of the United States · 1892
  5. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1902

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3Cited by1 opinion

  1. Southern Pacific R.R. Co. v. ArnoldCalifornia Supreme Court · 1912

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