United States v. Ft. Smith & W. R.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Oklahoma. Action by the United Slates of America against the Ft. Smith & Western Railroad Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
SANBORN, Circuit Judge.
Is the Ft. Smith & Western Railroad Company liable to pay to the Creek Nation $50 per mile on account of the construction of its railroad across allotments to members of the Nation of which the allottees had become owners to the exclusion of the Nation before the company definitely located its railroad, in cases in which it has been compelled to compensate and has compensated the allottees for its right of way over such allotments? The court below answered this question in the negative and its decision is specified! as error.
*212By section 1 of the act of March 3, 1899…
2Cases cited2 opinions
- Railroad Co. v. BaldwinSupreme Court of the United States · 1881
- Nielsen v. Northern Pac. R.Court of Appeals for the Ninth Circuit · 1911
3Cited by6 opinions
- Clarke v. BoysenCourt of Appeals for the Tenth Circuit · 1930
- Noble v. Oklahoma CitySupreme Court of the United States · 1936
- Gutensohn v. McGuirtSupreme Court of Oklahoma · 1944
- Southern Pacific Transportation Co. v. WattCourt of Appeals for the Ninth Circuit · 1983
- St. Louis S. F. R. Co. v. SkeltonSupreme Court of Oklahoma · 1914
1 more not listed; retrieve them via the Exa API.