Great Northern Railway Co. v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

In this eminent domain proceeding the Great Northern Railway Company seeks to acquire an easement across the right of way owned by the Omaha Railway Company and leased by the Chicago and North Western Railway Company. The issues were submitted to the trial court on defendants’ motion to dismiss the cbmplaint. The motion was denied. Thereafter the amount of damages was stipulated and defendants have appealed from the order denying their motion to dismiss and from the judgment. For clarity the plaintiff-respondent will be referred to. as “plaintiff” or “The Great Northern” and…