Yellowstone Park Railroad v. Bridger Coal Co.
Montana Supreme Court
Appeal from District Court, Carbon County; Frank Henry, Judge. Condemnation Proceedings by tbe Yellowstone Park Railroad Company against the Bridger Coal Company and others. From the judgment, and from an order denying a new trial to plaintiff, it appeals.
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Appeal from District Court, Carbon County; Frank Henry, Judge. Condemnation Proceedings by tbe Yellowstone Park Railroad Company against the Bridger Coal Company and others. From the judgment, and from an order denying a new trial to plaintiff, it appeals. While the courts have held that no answer need be filed in order to enable defendant to offer evidence as to the value of the land taken, they have held that an answer is necessary, when defendant attempts to prove damages to lands not taken and particularly where he attempts to prove special damages. By special damages is ordinarily meant…
1Opinion of the CourtChief Justice Brantly
Proceeding under the statute (Code Civ. Proe., Part III, Title VII, sees. 2216 et seq.), to condemn lands owned by defendants by separate rights, for the use of plaintiff as a right of way. The lands are all used for agricultural and stock-raising purposes. Those owned by defendant Hanson and wife consist of one hundred and sixty acres in a square body. Two forty-acre subdivisions are cut in two diagonally by the line of road from northeast to southwest. The area taken covers three and fifty-eight hundredths acres. The defendant Kuecking has one hundred and fifty-one and one-half acres in a…
2Cases cited21 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Stetson v. Chicago & Evanston RailroadIllinois Supreme Court · 1874
- Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
- Smith v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1882
- Hine v. Manhattan Railway Co.New York Court of Appeals · 1892
16 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State v. PetersonMontana Supreme Court · 1958
- Reed Orchard Co. v. Superior CourtCalifornia Court of Appeal · 1912
- Lewis v. Northern Pacific Ry. Co.Montana Supreme Court · 1907
- Alexander v. StateMontana Supreme Court · 1963
- State Highway Commission v. ManryMontana Supreme Court · 1963
21 more not listed; retrieve them via the Exa API.