Minidoka & Southwestern Railroad v. Weymouth
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Lincoln County. Hon. Edward A. Walters, Judge. Action by the plaintiff for an injunction. Judgment and order for the plaintiff. Defendant appealed. “The words of a private grant are taken most strongly against the grantor. But this rule is reversed in cases of public grants. They are construed strictly in favor of the government on grounds of public policy.”
Read the full summary
APPEAL from the District Court of the Fourth Judicial District, for Lincoln County. Hon. Edward A. Walters, Judge. Action by the plaintiff for an injunction. Judgment and order for the plaintiff. Defendant appealed. “The words of a private grant are taken most strongly against the grantor. But this rule is reversed in cases of public grants. They are construed strictly in favor of the government on grounds of public policy.” (Lewis’ Sutherland Stat. Const., par. 548; Mills v. St. Glair Co., 8 How. (U. S.) 581, 12 L. ed. 1201; Binghampton Bridge, 3 Wall. (U. S.) 51, 18 L. ed. 137; State v.…
1Opinion of the CourtAilshie, J.
This action was prosecuted by the Minidoka; & Southwestern Railway Co. for the purpose of obtaining *239an injunction restraining the defendants from trespassing upon and permanently occupying a part of the respondent’s railroad right of way between the towns of Rupert and Burley in Lincoln county. The judge of the trial court made an order and granted a writ enjoining and restraining the defendants, and they thereupon prosecuted this appeal.
The Minidoka & Southwestern Railroad Co. is a corporation organized and existing under the laws of the state of Idaho and operating between Minidoka and Twin…
2Cases cited4 opinions
- United States v. Denver & Rio Grande Railway Co.Supreme Court of the United States · 1893
- Winona & St. Peter Railroad v. BarneySupreme Court of the United States · 1885
- Green v. WilhiteIdaho Supreme Court · 1908
- United States v. Minidoka & S. W. R. Co.U.S. Circuit Court for the District of Idaho · 1910
3Cited by2 opinions
- State, Department of Highways v. CrosbyAlaska Supreme Court · 1966
- State, Department of Highways v. CrosbyAlaska Supreme Court · 1966