Caldwell v. United States
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. The case is stated in the opinion. Under various laws and conditions similar situations have been presented and uniformly, wherever a right to cut or take timber has been recognized, the right to dispose of it as incidental to its cutting or taking has followed.
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APPEAL FROM THE COURT OF CLAIMS. The case is stated in the opinion. Under various laws and conditions similar situations have been presented and uniformly, wherever a right to cut or take timber has been recognized, the right to dispose of it as incidental to its cutting or taking has followed. United States v. Cook, 19 Wall. 591; Shiver v. United States, 159 U. S. 491; Stone v. United States, 167 U. S. 178; 27 L. D. 366; 30 L. D. 88. In all of these instances the right to' cut the timber is raised as an incident and carries with it the vesting of title in the occupant to timber so lawfully…
1Opinion of the CourtJustice McKenna
This action was brought by appellants to recover the value of certain timber cut from the public lands of the United States in the State of Colorado, called “tie slash” or “tie slashing,” the term being used to describe the tops of trees the bodies of .which have been used for making railroad ties.
The right of recovery, is based upon; contracts with the Denver, Northwestern Pacific Railway Company, which had been given ■ the right to cut timber upon the public lands adjacent to the. line of its road by the Act of Congress of March 3, 1875, c. 152, 18 Stat. 482.
The Court of Claims sustained a…
2Cases cited6 opinions
- Wisconsin Central Railroad v. United StatesSupreme Court of the United States · 1896
- Stone v. United StatesSupreme Court of the United States · 1897
- United States v. CookSupreme Court of the United States · 1874
- United States v. Denver & Rio Grande Railway Co.Supreme Court of the United States · 1893
- Shiver v. United StatesSupreme Court of the United States · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Great Northern Railway Co. v. United StatesSupreme Court of the United States · 1942
- United States v. Union Pacific RailroadSupreme Court of the United States · 1957
- Watt v. Western Nuclear, Inc.Supreme Court of the United States · 1983
- American Water Development, Inc. v. City of AlamosaSupreme Court of Colorado · 1994
- Wilderness Society v. Kane CountyCourt of Appeals for the Tenth Circuit · 2009
36 more not listed; retrieve them via the Exa API.