Loomis v. Chicago & Northwestern Railway Co.
South Dakota Supreme Court
Appeal from Circuit 'Court, S'pink County. Hon. Arva E. Tayror, Judge. Action, by S. Loomis, trustee, against the Chicago & Northwestern Railway Company, to foreclose upon certain. street sewer certificates. From findings and judgment in favor of defendant on the first cause of action, plaintiff appeals; and from findings and judgment in favor of plaintiff on the other causes of action, defendant appeals.
Read the full summary
Appeal from Circuit 'Court, S'pink County. Hon. Arva E. Tayror, Judge. Action, by S. Loomis, trustee, against the Chicago & Northwestern Railway Company, to foreclose upon certain. street sewer certificates. From findings and judgment in favor of defendant on the first cause of action, plaintiff appeals; and from findings and judgment in favor of plaintiff on the other causes of action, defendant appeals. The resolution declaring the improvement necessary did not sufficiently describe the improvement, and ivas insufficient to confer jurisdiction, and subsequent proceedings of the city council…
1Opinion of the CourtMcCOY, J.
There are two appeals in this case; one by plaintiff and one by defendant. During the year 1907 the city of Red-field constructed a sewerage and sanitary drainage system, and assessed the cost thereof against abutting property in proportion to the number of feet fronting on either side of such -sewer. The defendant owns certain grounds, used principally for depot, warehouse, track yards, and main line roadbed purposes, which is -crossed by a portion of this sewer system. The said -property of defendant was attempted to be specially assessed to pay its proportionate front foot share of the…
2Cases cited5 opinions
- Diggins v. HartshorneCalifornia Supreme Court · 1895
- Ford v. FordSouth Dakota Supreme Court · 1910
- Voris v. Pittsburg Plate Glass Co.Indiana Supreme Court · 1904
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. O'BrienIndiana Court of Appeals · 1900
- South Chicago City Railway Co. v. City of ChicagoIllinois Supreme Court · 1902
3Cited by1 opinion
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. City of MinotNorth Dakota Supreme Court · 1924