Chicago & Northwestern Railway Co. v. Dougherty
South Dakota Supreme Court
Appeal from Circuit Court, Beadle County. Hon. Alva E. Taylor, Judge. Application by the Chicago & Northwestern Railway Company, and the Belle Fourche Valley Railway Company, for a writ of prohibition enjoining the defendants, P. W. Dougherty and others, constituting the Board of Railway Commissioners of the ■State of South Dakota, from taking jurisdiction of certain matters and proceedings pending before it and involving the extension of the line of railroad used by…
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Appeal from Circuit Court, Beadle County. Hon. Alva E. Taylor, Judge. Application by the Chicago & Northwestern Railway Company, and the Belle Fourche Valley Railway Company, for a writ of prohibition enjoining the defendants, P. W. Dougherty and others, constituting the Board of Railway Commissioners of the ■State of South Dakota, from taking jurisdiction of certain matters and proceedings pending before it and involving the extension of the line of railroad used by applicants, upon a complaint and petition filed by the town of Newell, a municipal corporation, its board of trustees, certain…
1Opinion of the CourtSmith, J.
Appeal -from a judgment and writ of prohibition issued by the circuit court of Beadle county, enjoining the board of railroad eotnmisioners from taking jurisdiction of certain matters and proceedings pending before it upon a complaint and petition, filed by and on 'behalf of the town of Newell. The affidavit or petition for the writ recites that in the original articles of incorporation of the Belle Fourche Valley Railway Company, it is provided -that:
“The railroad which this corporation is formed to construct, maintain and operate ,is intended to be constructed and operated from a point on…
2Cases cited25 opinions
- Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
- Union Pacific Railroad v. HallSupreme Court of the United States · 1876
- The People v. . the Albany and Vermont Railroad CompanyNew York Court of Appeals · 1862
- Atchison, Topeka & Santa Fe Railway Co. v. FajardoSupreme Court of Kansas · 1906
- State ex rel. Taylor v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
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3Cited by3 opinions
- Matter of Certain Territorial Elec. Boundaries, Etc.South Dakota Supreme Court · 1979
- Chicago & North Western Railway Co. v. MurphySouth Dakota Supreme Court · 1926
- Northern Electric Cooperative, Inc. v. Northwestern Public Service Co.South Dakota Supreme Court · 1979