United States v. Minidoka & S. W. R. Co.
U.S. Circuit Court for the District of Idaho
In Equity. Suit by the United States against the Minidoka & Southwestern Railway Company and another. Application for temporary injunction.
1Opinion of the Court
DIETRICH, District Judge.
This is an application for a temporary-injunction restraining the defendant from completing the construction of its railroad across certain lands and canals embraced in the Mini-doka. reclamation project, in Cassia county, Idaho. The substantial facts are not in dispute, and the questions of law arise upon the construction and application of the general railroad right of way act of March 3, 1875 (Act March 3, 1875, c. 152, 18 Stat. 482 [U. S. Comp. St. 1901,, p. 1568]), granting to railroad corporations rights of way through “the public lands of the United States,” a…
2Cases cited5 opinions
- Railroad Co. v. BaldwinSupreme Court of the United States · 1881
- Bardon v. Northern Pacific RailroadSupreme Court of the United States · 1892
- United States v. HansonCourt of Appeals for the Ninth Circuit · 1909
- Green v. WilhiteIdaho Supreme Court · 1908
- Green v. WillhiteU.S. Circuit Court for the District of Idaho · 1906
3Cited by3 opinions
- Cosby v. DanzigerCalifornia Court of Appeal · 1918
- United States v. Northern Pacific Railway Co.District Court, D. Wyoming · 1959
- Minidoka & Southwestern Railroad v. WeymouthIdaho Supreme Court · 1911