Dwyer v. Chicago & N. W. Ry. Co
South Dakota Supreme Court
Appeal from Circuit Court, Beadle County. Hon. Alva F. Taylor, Judge. Two proceedings. by John Dwyer and C. Dwyer, against the Chicago & .Northwestern Railway Company commenced before the Board of Railroad Commissioners,! for construction and maintenance by the defendant Railway Company, of' cattle guards and wing fences over its .right of way on Appellants’ farms.
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Appeal from Circuit Court, Beadle County. Hon. Alva F. Taylor, Judge. Two proceedings. by John Dwyer and C. Dwyer, against the Chicago & .Northwestern Railway Company commenced before the Board of Railroad Commissioners,! for construction and maintenance by the defendant Railway Company, of' cattle guards and wing fences over its .right of way on Appellants’ farms. The, board having ordered such guards and wing fences to be constructed.,upon appeal therefrom to the circuit court, findings and judgments were entered therein vacating -said- order. From said judgment and from an order denying a…
1Opinion of the CourtSmith, J.
The Board of Railroad Commissioners at the request of appellants, owners of certain farm lands lying on both •sides of respondent’s railway tracks in Turner county, due proceedings being had, entered its, order requiring respondent to put in cattle guards, and also wing fences extending from the boundary line fence along its right of way to the cattle guards in' the track. Upon appeal to the circuit court, findings of fact were made by the trial court upon which judgment was entered vacating the. Order of the commission. Property owners and the Board of Railroad Commissioners appeal.
It is…
2Cases cited8 opinions
- Washington Ex Rel. Oregon Railroad & Navigation Co. v. FairchildSupreme Court of the United States · 1912
- Illinois Central Railroad v. City of BloomingtonIllinois Supreme Court · 1875
- Illinois Central Railroad v. WillenborgIllinois Supreme Court · 1886
- State v. Mason City & Fort Dodge Railway Co.Supreme Court of Iowa · 1892
- Chalcraft v. Louisville, Evansville & St. Louis RailroadIllinois Supreme Court · 1885
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3Cited by1 opinion
- Dwyer v. Chicago & North Western Railway Co.South Dakota Supreme Court · 1919