Legal Opinion

Town of Emery v. Chicago, M. & St. P. Ry. Co.

South Dakota Supreme Court

Decided July 16, 1915No. File No. 3712PublishedCited by 3 opinions

Appeal from Circuit Court, Hanson County. Hon. Frank B. Smith, Judge. Condemnation proceedings by the incorporated Town of Emery against the Chicago,. Milwaukee & St. Paul Railway Company, to condemn defendant’s right of way for the extension of a street across it. From a judgment awarding compensation, the defendant appeals. (i) -Under point one of th-e opinion, Appellant submitted that: Neither the amendment to Sec. 1441, Pol.

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Appeal from Circuit Court, Hanson County. Hon. Frank B. Smith, Judge. Condemnation proceedings by the incorporated Town of Emery against the Chicago,. Milwaukee & St. Paul Railway Company, to condemn defendant’s right of way for the extension of a street across it. From a judgment awarding compensation, the defendant appeals. (i) -Under point one of th-e opinion, Appellant submitted that: Neither the amendment to Sec. 1441, Pol. Code, the section as amended, no-r the title to- the -original act or to the amendatory act, malees any reference to the subject of condemning property. .That no…

1Opinion of the CourtGates, J.

From a judgment in condemnation proceedings awarding it damages for the extension of a street across its right of way and railroad tracks in the town of Emery, the defendant has appealed. No question as to the sufficiency of the award is raised. The appeal raises merely questions of law.

The respondent is an incorporated town, existing under the provisions of chapter 15, Rev. Pol. Code. Sections 1441, 1442, Pol. Code, provided:

Section 1441: “The board of trustees shall have * * * power to lay out, establish, open, alter, widen, extend, grade, pave or otherwise improve roads, streets, alleys,…

2Cases cited2 opinions

  1. Chicago, Burlington & Quincy Railway Co. v. Illinois ex rel. Drainage CommissionersSupreme Court of the United States · 1906
  2. Louisville & Nashville R. R. v. City of LouisvilleCourt of Appeals of Kentucky · 1908

3Cited by3 opinions

  1. Zens v. Chicago, Milwaukee, St. Paul & Pacific RailroadSouth Dakota Supreme Court · 1991
  2. Zens v. Chicago, Milwaukee, St. Paul & Pacific RailroadSouth Dakota Supreme Court · 1991
  3. Zens v. Chicago, Milwaukee, St. Paul & Pacific RailroadSouth Dakota Supreme Court · 1991

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