State v. Chicago, Milwaukee, & St. Paul Railway Co.
North Dakota Supreme Court
Appeal from District Court, Slope County, W. C. Crawford, J". Defendant appeals. Highways are established by law on section lines. The Board of Bailroad Commissioners has no authority to establish or lay out a highway across the right of way of a-railway company. Comp. Laws 1913, §§ 1920, 1940, 3599, subdiv. 7, 3985, 4-689-4690; Chicago, B. & Q. B. Co. v. Chicago, 166 IT. S. 226, 41 L. ed. 979, 17 Sup. Ct.
Read the full summary
Appeal from District Court, Slope County, W. C. Crawford, J". Defendant appeals. Highways are established by law on section lines. The Board of Bailroad Commissioners has no authority to establish or lay out a highway across the right of way of a-railway company. Comp. Laws 1913, §§ 1920, 1940, 3599, subdiv. 7, 3985, 4-689-4690; Chicago, B. & Q. B. Co. v. Chicago, 166 IT. S. 226, 41 L. ed. 979, 17 Sup. Ct. Bep. 581; Grafton v. St. Paul, M. & M. B. Co. 16 N. D. 313, 22 L.B.A.(N.S.) 1, 113 N. W. 598, 15 Ann! Cas. 10; State ex rel. La Toilette v. Chicago, M. & St. P. B. Co. 16 S. D. 517, 94 N.…
1Opinion of the CourtBirdzell, J.
This is an appeal from an order of the district court overruling a demurrer to a complaint. The complaint is based upon an order, of the Eailroad Commission of the State of North Dakota, issued on the 25th day of July, 1914, directing and requiring the Chicago, Milwaukee, & St. Paul Eailway Company to construct and maintain a viaduct or passageway across its right of way, under its track, in the town of Marmarth. The relief demanded is a compliance with the order of the Board of Eailroad Commissioners. Upon this appeal the appellant argues that the complaint fails to state a cause of action…
2Cases cited4 opinions
- NORTHERN PACIFIC RAILWAY COMPANY v. STATE OF MINNESOTA Ex Rel. THE CITY OF DULUTHSupreme Court of the United States · 1908
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
- Cincinnati, Indianapolis & Western Railway Co. v. City of ConnersvilleSupreme Court of the United States · 1910
- Village of Ashley v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1917