New Mexico v. United States Trust Co.
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO. This case was begun by the filing in the district court for Bernalillo County, in the Territory of New Mexico, by the District Attorney for the Territory, of an intervening petition on behalf of the Territory praying for an order against the receiver of the Atlantic and Pacific Eailroad Company, requiring him to pay the amount of taxes claimed to be due upon the improvements on the right of way of said railroad…
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO. This case was begun by the filing in the district court for Bernalillo County, in the Territory of New Mexico, by the District Attorney for the Territory, of an intervening petition on behalf of the Territory praying for an order against the receiver of the Atlantic and Pacific Eailroad Company, requiring him to pay the amount of taxes claimed to be due upon the improvements on the right of way of said railroad company in the county of Bernalillo, and upon station houses and other improvements at seven different stations in said…
1Opinion of the CourtJustice McKenna
The right of way is granted to the extent of two hundred feet on each side of the railroad, including necessary grounds for station buildings, workshops, etc. What, then, is meant by the phrase “ the right of way” ? A mere right of passage, says appellant. Per contra, appellee contends that the fee was granted, or, if not granted, that such a tangible and corporeal property was granted, that all that ivas attached to it became part of it and partook of its exemption from taxation.
To support its contention, appellant urges the technical meaning of the phrase “ right of way,” and claims that…
2Cases cited20 opinions
- Joy v. St. LouisSupreme Court of the United States · 1891
- Covington & Lexington Turnpike Road Co. v. SandfordSupreme Court of the United States · 1896
- Galveston Railroad v. CowdreySupreme Court of the United States · 1871
- United States v. New Orleans RailroadSupreme Court of the United States · 1871
- Yazoo & Mississippi Valley Railroad v. ThomasSupreme Court of the United States · 1889
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3Cited by106 opinions
- Great Northern Railway Co. v. United StatesSupreme Court of the United States · 1942
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- Barahona v. Union Pacific RailroadCourt of Appeals for the Ninth Circuit · 2018
- Western Union Telegraph Co. v. Pennsylvania RailroadSupreme Court of the United States · 1904
- United States v. Union Pacific RailroadSupreme Court of the United States · 1957
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