Smith v. Northern Pac. R.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of North. Dakota. At Law. Action of ejectment by Patrick R. Smith against the Northern Pacific Railroad Company. A verdict for defendant was directed by the court below, and judgment entered thereon. Plaintiff brings error.
1Opinion of the Court
SANBORN, Circuit Judge.
The principal question in this case is whether, as against one holding title under a patent of the United States which contains no reservation of right of way to the company, the right of way granted to the defendant, the Northern *514Pacific Railroad Company, by the act of congress entitled "An act granting lands to aid in the construction of a railroad and telegraph line from Lake Superior to Puget sound, on the Pacific coast, by the northern route,” approved July 2, 1864, (13 Stat. c. 217, p. 365,) attached to a tract of land 200 feet in width on each side of its…
2Cases cited6 opinions
- Kansas Pacific Railway Co. v. DunmeyerSupreme Court of the United States · 1885
- Quinby v. ConlanSupreme Court of the United States · 1882
- Railroad Co. v. BaldwinSupreme Court of the United States · 1881
- Van Wyck v. KnevalsSupreme Court of the United States · 1882
- St. Paul & Pacific Railroad v. Northern Pacific RailroadSupreme Court of the United States · 1891
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3Cited by4 opinions
- United States v. Winona & St. P. R.Court of Appeals for the Eighth Circuit · 1895
- Northern Pac. R. Co. v. MurrayCourt of Appeals for the Ninth Circuit · 1898
- St. Paul, M. & M. Ry. Co. v. SageCourt of Appeals for the Eighth Circuit · 1895
- Northern Pac. R. v. SmithCourt of Appeals for the Eighth Circuit · 1895