Northern Pacific & Montana Railway Co. v. Forbis
Montana Supreme Court
Appeal from Second Judicial District Silver Bow County. Proceeding to condemn land for railroad purposes. The defendant Murray’s motion for a new trial was denied by Mc-Hatton, J. Statement of the case by the justice delivering tne opinion: This is a proceeding brought by respondents condemn land of appellant for railroad purposes.
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Appeal from Second Judicial District Silver Bow County. Proceeding to condemn land for railroad purposes. The defendant Murray’s motion for a new trial was denied by Mc-Hatton, J. Statement of the case by the justice delivering tne opinion: This is a proceeding brought by respondents condemn land of appellant for railroad purposes. There were a large number of landowners as defendants, one of whom, James A. Murray, owner of what was called the Railroad Mining Claim, being dissatisfied with the award of the commissioners, appealed to the district court. The case was there tried, and, as a…
1Opinion of the CourtDe Witt, J.
— The court below based its ruling in the matter complained of upon its view of the decision in the case of Montana Ry. Co. v. Warren, 6 Mont. 275. That was an action by the railway company to condemn the land of a mining claim for railroad purposes. In that case the value of the land, botl) as a mine and as town lots, was proven. But the court instructed the jury that the landowner could not recover the value of the land for both purposes. This is all that is said of the instruction in the report of the case in 6 Montana, page 284. Upon examination of the record in the case, as filed in this…
2Cases cited14 opinions
- Montana Railway Co. v. WarrenSupreme Court of the United States · 1890
- Williams v. McMillanOhio Supreme Court · 1849
- Harrison v. YoungSupreme Court of Georgia · 1851
- Young v. HarrisonSupreme Court of Georgia · 1855
- Maynard v. City of NorthamptonMassachusetts Supreme Judicial Court · 1892
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. PetersonMontana Supreme Court · 1958
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- State v. HoblittMontana Supreme Court · 1930
- Southern Pacific Railroad v. San Francisco Savings UnionCalifornia Supreme Court · 1905
- Salstrom v. Orleans Bar Gold Mining Co.California Supreme Court · 1908
9 more not listed; retrieve them via the Exa API.