Winona & St. Peter Railway Co. v. City of Watertown
South Dakota Supreme Court
Appeal from circuit court, Codington county. Hon. J. O. Andrews, Judge. Action by the Winona & St. Peter Railway Company against the city of Watertown for an injunction to restrain proceedings to condemn a strip of land across plaintiff’s station yards and grounds at Watertown, for the purpose of laying out and opening a street thereon. There was judgment for plaintiff, and defendant appeals. The facts are stated in the opinion.
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Appeal from circuit court, Codington county. Hon. J. O. Andrews, Judge. Action by the Winona & St. Peter Railway Company against the city of Watertown for an injunction to restrain proceedings to condemn a strip of land across plaintiff’s station yards and grounds at Watertown, for the purpose of laying out and opening a street thereon. There was judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. The exercise of the right of eminent domain is a political right. It belongs exclusively to the legislature. Private property can only be taken in this manner for…
1Opinion of the CourtKellam, J.
This was an action brpught by respondent to restrain proceedings by appellant to condemn a strip of land 100 feet in width across respondent’s station yards and grounds at Watertown, for the purpose of laying out and opening a street thereon. The complaint sets out at length and in detail the ownership by the plaintiff of the lands proposed to be appropriated by the defendant city; their constant and continued use for more than five years by plaintiff as an undisputed and necessary part of their depot grounds, whereon are situated plaintiff’s, depot, switch and side tracks, station and…
2Cases cited7 opinions
- Matter of City of BuffaloNew York Court of Appeals · 1877
- Matter of Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Baltimore & Ohio & Chicago Railroad v. NorthIndiana Supreme Court · 1885
- Housatonic Railroad v. Lee & Hudson RailroadMassachusetts Supreme Judicial Court · 1875
- Milwaukee & St. Paul Railway Co. v. City of FaribaultSupreme Court of Minnesota · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Oregon Short Line R. v. Postal Tel. Cable Co. of IdahoCourt of Appeals for the Ninth Circuit · 1901
- Northwestern Telephone Exchange Co. v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1899
- Minnesota Power & Light Co. v. StateSupreme Court of Minnesota · 1929
- Cincinnati, Wabash & Michigan Railway Co. v. City of AndersonIndiana Supreme Court · 1894
- In re Milwaukee Southern Railway Co.Wisconsin Supreme Court · 1905
7 more not listed; retrieve them via the Exa API.