Faulk v. Missouri River & N. W. Ry. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Pennington County. Hon. Levi McGee, Judge. Action by Samuel Faulk against the Missouri River & Northwestern Railway Company and others. From a judgment for plaintiff and an order denying a new trial, defendants appeal.
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Appeal from Circuit Court, Pennington County. Hon. Levi McGee, Judge. Action by Samuel Faulk against the Missouri River & Northwestern Railway Company and others. From a judgment for plaintiff and an order denying a new trial, defendants appeal. As soon as the right was appropriated the liability of the railroad company to compensate plaintiff for the' consecjuential damages resulting to -his property became fixed) and the statute of limtiations, whatever it may be, commenced to run * * * * And that would be so. if there were an actual taking of property instead of a mere invasion of the…
1Opinion of the Court
CORSON J.
This is an appeal by the defendants from a judgment entered in favor of the plaintiff and from the order denying a new trial.
It is alleged in the plaintiff’s complaint that ever since the 2d *4day of September, 1890, he has been and still is the owner of a 40-acre tract of land situated in Pennington county, in this state; that the said defendant railway company' was duly organized and is now existing under and by virtue of the laws of the state of South Dakota, and is the owner of and maintains and operates that certain line of railroad running from Rapid City, in said Pennington…
2Cases cited23 opinions
- Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
- Organ v. Memphis & Little Rock RailroadSupreme Court of Arkansas · 1888
- South Park Commissioners v. DunlevyIllinois Supreme Court · 1878
- Lieberman v. Chicago & South Side Rapid Transit RailroadIllinois Supreme Court · 1892
- Morgan v. MasonOhio Supreme Court · 1851
18 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Ackerman v. Port of SeattleWashington Supreme Court · 1960
- Oklahoma City v. WellsSupreme Court of Oklahoma · 1939
- Crescent Wharf & Warehouse Co. v. City of Los AngelesCalifornia Supreme Court · 1929
- Boland v. City of Rapid CitySouth Dakota Supreme Court · 1982
- Aylmore v. City of SeattleWashington Supreme Court · 1918
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