Northern Pacific Railroad v. Smith
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This was an action brought by Patrick R. Smith on the 28th day of December, 1891, in the Circuit Court of the United States for the District of North Dakota against the Northern Pacific Railroad Company.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This was an action brought by Patrick R. Smith on the 28th day of December, 1891, in the Circuit Court of the United States for the District of North Dakota against the Northern Pacific Railroad Company. The complaint and ansvver were as follows: “The complaint of the above-named plaintiff respectfully shows to this court and alleges that the plaintiff is and ever since the organization of the State of North Dakota has been a citizen thereof, and that prior thereto he was during all the time hereinafter mentioned a citizen of the…
1Opinion of the CourtJustice Shiras
By the second section of the act of July 2, 1864, creating the Northern Pacific Railroad Company, there was granted *266to that company, its successors, and assigns, the right of way through the public lands to the extent of two hundred feet in width on each side of said railroad where it may pass through the public domain.
During the year 1872, there was a line staked out across the tract, a portion of which is in dispute in this case, substantially where the railroad is now constructed, but no grading was done on this line until the spring of 1873. In the latter year- the railroad was…
2Cases cited6 opinions
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- Frisbie v. WhitneySupreme Court of the United States · 1870
- Hutchings v. LowSupreme Court of the United States · 1873
- Buxton v. TraverSupreme Court of the United States · 1889
- Northern Pacific Railroad v. ColburnSupreme Court of the United States · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- United States v. LynahSupreme Court of the United States · 1903
- New York City v. PineSupreme Court of the United States · 1902
- Northern Pacific R. Co. v. SmithSupreme Court of the United States · 1898
- Miller & Lux Inc. v. Enter. Canal & Land Co.California Supreme Court · 1915
- Kindred v. Union Pacific RailroadSupreme Court of the United States · 1912
61 more not listed; retrieve them via the Exa API.