Legal Opinion

Lake Superior Ship Canal, Railway & Iron Co. v. Cunningham

U.S. Circuit Court for the District of Western Michigan

Decided February 15, 1890PublishedCited by 1 opinion

On Motion for New Trial. This was an action of ejectment, in which the trial court directed a verdict for plaintiff. For opinion on second trial of the case, see ante, 587.

1Opinion of the CourtJackson, J.

From a careful examination of the record in this case, in the light of the able briefs submitted by counsel on both sides, the circuit judge has reached the following conclusions, viz.:

The act of congress approved June 3, 1856, by its express terms, contemplated and provided for the construction of several distinct and independent lines of railway. The grant was made to the state of Michigan, “to aid in the construction of railroads.” The lines of said railroads were designated, and among them wa.s that from Ontonagon to the Wisconsin state lino. The grant embraced “ every alternate section…

2Cases cited29 opinions

  1. Wilcox v. JacksonSupreme Court of the United States · 1839
  2. Smelting Co. v. KempSupreme Court of the United States · 1882
  3. Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
  4. Steel v. Smelting Co.Supreme Court of the United States · 1882
  5. Schulenberg v. HarrimanSupreme Court of the United States · 1875

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3Cited by1 opinion

  1. Alleman v. SayreWest Virginia Supreme Court · 1917

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