Chicago, M. & St. P. R'y. Co. v. Brink
South Dakota Supreme Court
Appeal from circuit court, Union county. Hon. Joseph W. Jones, Judge. Proceedings by the Chicago, Milwaukee & St. Paul Railway Company against Bennett H. Brink for the condemnation of lanpl. Prom an award in favor of defendant, plaintiff appeals.
1Opinion of the CourtCorson, J.
This is an appeal by the plaintiff from a judgment in condemnation proceedings awarding to the defendant $400 damages and costs.
The plaintiff, for a number of years, has had and used a right of way over the land of the defendant, 18 feet in width, 9 feet on each side of the center of. the track. This right of way across the defendant’s land extends easterly and westerly *646parallel to an old highway, and the plaintiff company deemed it necessary to take two strips about 24 feet in width, one embracing the land between its present right .of way and the highway, and the other on the southerly side…
2Cases cited2 opinions
- Searle v. City of LeadSouth Dakota Supreme Court · 1897
- Schuler v. Board of SupervisorsSouth Dakota Supreme Court · 1900
3Cited by7 opinions
- State Highway Commission v. FortuneSouth Dakota Supreme Court · 1958
- City of Bristol v. HorterSouth Dakota Supreme Court · 1950
- Nebraska Electric Generation & Transmission Coop., Inc. v. MarkusSouth Dakota Supreme Court · 1976
- State Highway Commission v. OlsonSouth Dakota Supreme Court · 1965
- Kelley v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1928
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