Doughty v. Minneapolis, St. Paul & Sault Sainte Marie Ry. Co.
North Dakota Supreme Court
Appeal from District Court, Foster county; Burke, J. Action by Thomas Doughty against the Minneapolis, St. Paul & Sault Sainte Marie Railway Company. Judgment for plaintiff, and defendant appeals. In some of the grants to aid railroad building there was a separate grant of right of way giving title as of the date of the grant the moment the line was located.
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Appeal from District Court, Foster county; Burke, J. Action by Thomas Doughty against the Minneapolis, St. Paul & Sault Sainte Marie Railway Company. Judgment for plaintiff, and defendant appeals. In some of the grants to aid railroad building there was a separate grant of right of way giving title as of the date of the grant the moment the line was located. St. J. & D. C. R. R. Co. v. Baldwin, 103 U. S. 426, 6 L. Ed. 578. The first in time in proceedings to acquire title to public lands, if the latter are followed up, is first in right. Shepley et al. v. Cowan et al., 91 U. S. 338, 23 L. Ed.…
1Opinion of the CourtEngerud, J.
The plaintiff brought this action to recover from the Minneapolis, St. Paul & Sault Ste. Marie Railway Company, compensation for injury to his land caused by the construction and operation of defendant’s railwajr across the same. A jury was waived, and the action was tried to the court. Judgment was ordered and entered in favor of the plaintiff, awarding him damages in the sum of $1,000. The defendant appealed from the judgment.
The appellant’s contention is that the facts found by the court show that the appellant railway company had acquired a right of way over the land in question by virtue…
2Cases cited4 opinions
- Jamestown & Northern Railroad v. JonesSupreme Court of the United States · 1900
- Washington & Idaho Railroad v. Cœur D'Alene Railway & Navigation Co.Supreme Court of the United States · 1895
- Washington & Idaho Railroad v. OsbornSupreme Court of the United States · 1895
- Jamestown & Northern Railroad v. JonesNorth Dakota Supreme Court · 1898
3Cited by1 opinion
- Comford v. Great Northern Railway Co.North Dakota Supreme Court · 1909