Legal Opinion
Himonas v. Denver & R. G. W. R. Co.
Court of Appeals for the Tenth Circuit
Decided December 23, 1949No. 3929_1PublishedCited by 12 opinions
1Opinion of the Court
PHILLIPS, Chief Judge.
Himonas has appealed from an adverse judgment in an action 1 brought by him against the Denver & Rio Grande Western Railroad Company. 2 The question presented is whether a right of way for an irrigation ditch and flume can be acquired by prescription across a right of way of a railroad, acquired under the Act of March 3, 1875, 18 Stat. 482, 43 U.S.C.A. § 934.
The facts as disclosed by the' complaint and offer of .proof by Himonas are these; Himonas owns a tract of land located east of the right of way of the Railroad Company. He devotes a portion of the land to raising…
2Cases cited27 opinions
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Great Northern Railway Co. v. United StatesSupreme Court of the United States · 1942
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- Clark v. NashSupreme Court of the United States · 1905
- Yunker v. NicholsSupreme Court of Colorado · 1872
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3Cited by12 opinions
- Union Pacific Railroad v. Santa Fe Pacific Pipelines, Inc.California Court of Appeal · 2014
- Rayonier Incorporated, a Corporation v. United StatesCourt of Appeals for the Ninth Circuit · 1955
- Energy Transportation Systems, Inc. v. Union Pacific RailroadDistrict Court, D. Wyoming · 1977
- Boise Cascade Corporation v. Union Pacific Railroad Company San Pedro, Los Angeles and Salt Lake Railroad Company and the United States of AmericaCourt of Appeals for the Tenth Circuit · 1980
- Chicago & North Western Railway Co. v. Continental Oil Co.Court of Appeals for the Tenth Circuit · 1958
7 more not listed; retrieve them via the Exa API.