Montana Railway Co. v. Warren
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE TERRITORY OF MONTANA. This action was commenced by a petition filed by the Montana Railway Company, upon which Commissioners were appointed, to assess the damages to the respondents, for a right of way of the company’s line of road over a certain mining claim in Silver Bow County, Montana, known as the Nipper Lode.
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ERROR TO THE SUPREME COURT OF THE TERRITORY OF MONTANA. This action was commenced by a petition filed by the Montana Railway Company, upon which Commissioners were appointed, to assess the damages to the respondents, for a right of way of the company’s line of road over a certain mining claim in Silver Bow County, Montana, known as the Nipper Lode. The Commissioners assessed the damages at $1552. From their award Warren appealed to the District Court of the second judicial district of Silver Bow County where the case was tried before a jury who returned a verdict assessing the damages at…
1Opinion of the CourtJustice Brewer
The plaintiff in error desiring to construct its railroad through a tract of land belonging to the defendants in error, the same being a mining claim known as the Nipper Lode, situated in Silver Bow County, Montana Territory, took appropriate proceedings for the condemnation of a right of way. The appraisers assessed the damages at $1552. From such appraisement.the defendants appealed to the District Court; and on trial there the jury found the damages to be $7000, for which, with costs, judgmént was entered against the rail road company. An appeal was taken to the Supreme Court of the…
2Cases cited4 opinions
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- Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1878
- Lawrence v. City of BostonMassachusetts Supreme Judicial Court · 1875
- Kerr v. ClampittSupreme Court of the United States · 1877
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