Illinois Central Railroad v. East Sioux Falls Quarry Co.
South Dakota Supreme Court
Appeal from circuit court, Minnehaha County. Bon. Joseph W. Jones, Judge. Condemnation proceedings by the Illinois' Central Railroad Company against the East Sioux Falls Quarry Company and another.
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Appeal from circuit court, Minnehaha County. Bon. Joseph W. Jones, Judge. Condemnation proceedings by the Illinois' Central Railroad Company against the East Sioux Falls Quarry Company and another. From a judgment for plaintiff, .and from an order denying :a new trial, defendants appeal The Illinois Central Railroad Company does not possess the power to- take private -property for -the purpose of building a branch to the ro-ad of its -lessor because it has not complied with ■the statutory conditions precedent to- the exercise of s!uch power in -such ease. Civil Code Sec. 505, 506, 494,. 551;…
1Opinion of the CourtWhiting, P. J.
Plaintiff, a foreign corporation-, as lessee of the -owner thereof, another foreign- corporation, operates a lin-e of -railway extending -into -this -sta-te f-ro-m ¡the state of Io-wa, and brought this action -seeking to exercise the- -right of eminent domain, and- thereby condemn a right of way f-or a -spur or -industrial track, this proposed s-p-ur track to branch from the- main line of such railway, and to -extend across the land of defendants; its objective point being a private stone quarry -owned by'-one Lowe. Trial was h-a-d; a judgment condemning -such land- entered; motion for new…
2Cases cited7 opinions
- Hairston v. Danville & Western Railway Co.Supreme Court of the United States · 1908
- Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
- Chesapeake Stone Co. v. MorelandCourt of Appeals of Kentucky · 1907
- Chicago & Northwestern Railway Co. v. MorehouseWisconsin Supreme Court · 1901
- Chestatee Pyrites Co. v. Cavenders Creek Gold Mining Co.Supreme Court of Georgia · 1904
2 more not listed; retrieve them via the Exa API.
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- Frawley Ranches, Inc. v. LasherSouth Dakota Supreme Court · 1978
- Great Northern Railway Co. v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.South Dakota Supreme Court · 1959
- Benson v. StateSouth Dakota Supreme Court · 2006
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