Oregon Short Line R. v. Postal Tel. Cable Co. of Idaho
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Southern Division of the District of Idaho. The defendant in error instituted condemnation proceedings to condemn to its use, as a right of way for (lie purpose of constructing and maintaining a telegraph line, a portion of the right of way of the plaintiff in error used and occupied by it for its railroad, extending longitudinally along the line of the railroad through Idaho from the boundary line of Montana, a…
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In Error to the Circuit Court of the United States for the Southern Division of the District of Idaho. The defendant in error instituted condemnation proceedings to condemn to its use, as a right of way for (lie purpose of constructing and maintaining a telegraph line, a portion of the right of way of the plaintiff in error used and occupied by it for its railroad, extending longitudinally along the line of the railroad through Idaho from the boundary line of Montana, a distance of about 200 miles. In its complaint the defendant in error alleges that tile-land which it seeks to occupy will be…
1Opinion of the CourtGilbert, Circuit Judge
It is urged that the court erred as to fact and law in finding that' .the defendant in error was a corporation duly and regularly incorporated under the laws of Idaho, and in ruling that the contention that it was organized to enable a foreign corporation to condemn a, right of way “cannot be considered in this case.” In the answer it was denied that the defendant in error was a corporation incorporated under the laws of Idaho, or that it had the power to exercise the right of eminent domain, and it was alleged that the Postal • Telegraph Cable Company, a corporation of New York, in order to…
2Cases cited17 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Sabine & East Texas Railway Co. v. Gulp & Interstate Railway Co.Texas Supreme Court · 1898
- Exchange Bank v. Macon Construction Co.Supreme Court of Georgia · 1895
- Chicago & Northwestern Railway Co. v. Chicago & Evanston RailroadIllinois Supreme Court · 1884
- Kansas & Texas Coal Railway v. Northwestern Coal & Mining Co.Supreme Court of Missouri · 1901
12 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Portneuf Irrigating Co. v. BudgeIdaho Supreme Court · 1909
- Morrison v. Indianapolis & Western Railway Co.Indiana Supreme Court · 1906
- Patterson Orchard Co. v. Southwest Arkansas Utilities Corp.Supreme Court of Arkansas · 1929
- Louisville & N. R. v. Western Union Telegraph Co.Court of Appeals for the Sixth Circuit · 1913
- Northern Pac. Ry. Co. v. North American Telegraph Co.Court of Appeals for the Eighth Circuit · 1915
24 more not listed; retrieve them via the Exa API.