Northern Pac. Ry. Co. v. North American Telegraph Co.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Minnesota; Page Morris, Judge. Condemnation proceeding by the North American Telegraph Company against the Northern Pacific Railway Company. From the judgment, defendant brings error.
Read the full summary
In Error to the District Court of the United States for the District of Minnesota; Page Morris, Judge. Condemnation proceeding by the North American Telegraph Company against the Northern Pacific Railway Company. From the judgment, defendant brings error. The Northern Pacific Railway Company complains of the rejection of all evidence of the value of the right which the telegraph company is seeking to take from it by condemnation to use one side of the railway company’s right of way for a line of telegraph, and of the exclusion of the value of the right to such use as an element of damages…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). [1] It is indispensable to a fair discussion and just decision of this case that the real question at issue be clearly perceived and kept constantly in mind. That question is: May a stranger corporation which has no right, property or interest in a valuable right to the surplus use of its right of way for telegraph and railroad purposes which a railway company has acquired and owns, take that valuable right to such surplus use from it by condemnation without making compensation therefor? That this is the actual question at issue will appear from a reference *349…
2Cases cited32 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Union Pacific Railway Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1896
27 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Olson v. United StatesSupreme Court of the United States · 1934
- Seaboard Air Line Railway Co. v. United StatesSupreme Court of the United States · 1923
- North American Telegraph Co. v. Northern Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1918
- Miller v. Huntington & Ohio Bridge Co.West Virginia Supreme Court · 1941
- Campau v. City of DetroitMichigan Supreme Court · 1923
22 more not listed; retrieve them via the Exa API.