Legal Opinion

United States v. St. Anthony Railroad

Supreme Court of the United States

Decided February 23, 1904No. 147PublishedCited by 43 opinions

ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. ' This action was brought by the United States against the railroad company to recover damages for the unlawful cutting down and conversion by the company, in the year 1899, of certain timber oh the public lands belonging to the United States in the State of Idaho, The value- of The timber thus cut was,, as alleged,- over $20,000. The trial was had in the Circuit Court of the United States for the District of…

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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. ' This action was brought by the United States against the railroad company to recover damages for the unlawful cutting down and conversion by the company, in the year 1899, of certain timber oh the public lands belonging to the United States in the State of Idaho, The value- of The timber thus cut was,, as alleged,- over $20,000. The trial was had in the Circuit Court of the United States for the District of Idaho, Southern Division, and resulted in.a- judgment dismissing the complaint, which was affirmed-, upon appeal, by the…

1Opinion of the Court

Mr. Justice Peckham,

after making the foregoing statement, delivered the opinion of the court..The important question in this case is as to the meaning of the term “adjacent” when used in the first section of the statute of 1875. The act is a general one, and is therefore applicable to no .particular road, except as the facts in each case may bring the road within its language. It grants the right of way through the public lands in the United States upon conditions named, to the extent of 100 feet on each- side of the central line of the. road. The lands from which materials for the…

2Cases cited5 opinions

  1. Stone v. United StatesSupreme Court of the United States · 1897
  2. Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
  3. Pine River Logging Co. v. United StatesSupreme Court of the United States · 1902
  4. United States v. Denver & Rio Grande Railway Co.Supreme Court of the United States · 1893
  5. Winona & St. Peter Railroad v. BarneySupreme Court of the United States · 1885

3Cited by43 opinions

  1. Stratton's Independence, Ltd. v. HowbertSupreme Court of the United States · 1913
  2. Guffey v. SmithSupreme Court of the United States · 1915
  3. United States v. Pan-American Petroleum Co.District Court, S.D. California · 1927
  4. Weatherly v. JacksonTexas Supreme Court · 1934
  5. United States v. WyomingSupreme Court of the United States · 1947

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