Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.
Montana Supreme Court
Appeal from, Second Judicial District, Silver Dow County. Action by a railroad company to condemn portions of the right of way of another railroad. Judgment was rendered for the plaintiff below by McHatton, J. Statement of the case by the justice delivering the opinion. The plaintiff is a railroad corporation, duly incorporated under the laws of Montana. The defendant the Montana Union Railway Company is also incorporated under the laws of Montana.
Read the full summary
Appeal from, Second Judicial District, Silver Dow County. Action by a railroad company to condemn portions of the right of way of another railroad. Judgment was rendered for the plaintiff below by McHatton, J. Statement of the case by the justice delivering the opinion. The plaintiff is a railroad corporation, duly incorporated under the laws of Montana. The defendant the Montana Union Railway Company is also incorporated under the laws of Montana. The other defendants are organized under the laws of other states. The plaintiff alleges that it is authorized by its charter to construct,…
1Opinion of the CourtHunt, J.
By this appeal we are called upon to decide questions of importance, not alone to the community at large, but especially so to railroad corporations, possessed of such powers as may be granted to them under the constitution and laws of the state.
The topography of Montana, as characterized by its name, renders it of unusual significance that the laws of eminent domain be correctly expounded at this comparatively early period of the development of the state.
The strict limits of all delegated authority to take the property of another must be cautiously and accurately guarded, lest private rights…
2Cases cited25 opinions
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Matter of City of BuffaloNew York Court of Appeals · 1877
- Chicago Dock & Canal Co. v. GarrityIllinois Supreme Court · 1885
- Dayton Gold & Silver Mining Co. v. SeawellNevada Supreme Court · 1876
- Kettle River Railroad v. Eastern Railway Co.Supreme Court of Minnesota · 1889
20 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Carlson v. City of HelenaMontana Supreme Court · 1909
- Samish River Boom Co. v. Union Boom Co.Washington Supreme Court · 1903
- Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
- Sisson v. Board of SupervisorsSupreme Court of Iowa · 1905
- West v. WhiteheadCourt of Appeals of Texas · 1922
79 more not listed; retrieve them via the Exa API.