Northern Pac. R. Co. v. Murray
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Western Division of the District of Washington. This was an action by David Murray against the Northern Pacific Bailroad Company to recover for land .taken for a right of way. Judgment below was given for plaintiff, and defendant brings error.
1Opinion of the Court
BELLINGER, District Judge.
This action grows out of the construction and maintenance by the Northern Pacific Bailroad Company of its branch line from Yakima to Swank Creek, in the state of Washington, upon lands claimed by the defendant in error. By section 2 of the act of congress of July 2, 1864, creating the Northern Pacific Bailroad Company, it is provided as follows:
“Sec. 2. * * * the right of way through the public lands be and the same is hereby granted to said Northern Pacific Railroad Company, its successors and assigns, for the construction of a railroad and telegraph as proposed;…
2Cases cited4 opinions
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- State ex rel. McClellan v. GravesCourt of Appeals of Maryland · 1863
- Sioux City & Iowa Falls Town Lot & Land Co. v. GriffeySupreme Court of the United States · 1892
- Smith v. Northern Pac. R.Court of Appeals for the Eighth Circuit · 1893
3Cited by19 opinions
- Blazer v. BlackCourt of Appeals for the Tenth Circuit · 1952
- Miller & Lux Inc. v. Enter. Canal & Land Co.California Supreme Court · 1915
- St. Louis S. F. R. Co. v. MannSupreme Court of Oklahoma · 1920
- City of Tulsa v. Southwestern Bell Telephone Co.Court of Appeals for the Tenth Circuit · 1935
- Kakeldy v. Columbia & Puget Sound Railroad Co.Washington Supreme Court · 1905
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