Jamestown & Northern Railroad v. Jones
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF NORTH DAKOTA. This suit was brought by plaintiff in error to have itself adjudged the owner of a right of way over the northwest quarter of section eight, in township one hundred and forty-one, of range 64, in the county of Stutsman, State of North Dakota.
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ERROR TO THE SUPREME COURT OF THE STATE OF NORTH DAKOTA. This suit was brought by plaintiff in error to have itself adjudged the owner of a right of way over the northwest quarter of section eight, in township one hundred and forty-one, of range 64, in the county of Stutsman, State of North Dakota. Its title rests upon the act of Congress of March 3, 1875, c. 152, 18 Stat. 482, entitled, “ An act granting to railroads the right of way through the public lands of the United States.” The plaintiff was organized September 17, 1881, under the laws of the Territory of Dakota. After its…
1Opinion of the CourtJustice McKenna
In the summer of 1882 the plaintiff in error constructed its railroad across the land in controversy, and the finding of the court is that “ at the time defendant settled upon said land plaintiff was and ever since has been engaged in operating a line of railroad thereover.”
The defendant nevertheless was awarded three hundred dollars damages, and the plaintiff adjudged to have acquired no rights whatever by the construction of its road.
The act of 1875, upon which plaintiff relies, is as follows:
“ That the right of way through the public lands of. the United States is hereby granted to any…
2Cases cited5 opinions
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
- Kansas Pacific Railway Co. v. DunmeyerSupreme Court of the United States · 1885
- Van Wyck v. KnevalsSupreme Court of the United States · 1882
- Railway Co. v. AllingSupreme Court of the United States · 1879
- Hall v. RussellSupreme Court of the United States · 1880
3Cited by62 opinions
- Great Northern Railway Co. v. United StatesSupreme Court of the United States · 1942
- Southern Utah Wilderness Alliance v. Bureau of Land ManagementCourt of Appeals for the Tenth Circuit · 2005
- Swendig v. Washington Water Power Co.Supreme Court of the United States · 1924
- Marvin M. Brandt Revocable Trust v. United StatesSupreme Court of the United States · 2014
- Stalker v. Oregon Short Line RailroadSupreme Court of the United States · 1912
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