Northern Pacific Railway Co. v. Boynton
North Dakota Supreme Court
Appeal from District 'Court, Burleigh county; Burke, Special J. Condemnation .proceedings by the Northern Pacific Railway Company against ¡William Krszeszewski and others. From a judgment condemning certain property and an order denying a new trial, defendants appeal. There is a difference in taking for operation of franchise, and for carrying on business of the r'oad.
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Appeal from District 'Court, Burleigh county; Burke, Special J. Condemnation .proceedings by the Northern Pacific Railway Company against ¡William Krszeszewski and others. From a judgment condemning certain property and an order denying a new trial, defendants appeal. There is a difference in taking for operation of franchise, and for carrying on business of the r'oad. Avery v. Vermont Electric Co., 59 L. R. A. 817; In re Condemnation Suburban Railway, 52 L. R. A. 879. State can condemn for public use alone. Brown v. Gerald, 70 L. R. A. 472; Kane v. Baltimore, 15 Md. 240; Van Witzen v.…
1Opinion of the CourtFisk, J.
Plaintiff recovered a judgment in the court below condemning certain real property to its use for alleged railway purposes. From such judgment and from an order denying a motion for a new trial, this appeal is prosecuted.
The purpose for which said property is sought by the railway company, as alleged in its complaint, is to construct a reservoir for the collection and storage of surface water for use in operating its engines, and for the purpose of laying a pipe line therefrom to its railway track at Sterling. A mere easement for the latter purpose is all that is prayed for. The necessity for…
2Cases cited12 opinions
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- United States v. Gettysburg Electric Railway Co.Supreme Court of the United States · 1896
- Clark v. NashSupreme Court of the United States · 1905
- Strickley v. Highland Boy Gold Mining Co.Supreme Court of the United States · 1906
- Brown v. GeraldSupreme Judicial Court of Maine · 1905
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
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- Oakes Municipal Airport Authority v. WieseNorth Dakota Supreme Court · 1978
- City of Medora v. GolbergNorth Dakota Supreme Court · 1997
- Sheridan County v. DavisNorth Dakota Supreme Court · 1932
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