Board of Com'rs v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Davison County. Hon. Frank B. Smith, Judge. Proceeding before ihe board of county commissioners of Davison county to compel the Chicago, Milwaukee & St. Paul Railway Company to construct a crossing- or bridge over a certain highway. From an order requiring the crossing to be put in, the company appealed to the circuit court, where the appeal was dismissed, and from the order dismissing the appeal, the company appeals.
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Appeal from Circuit Court, Davison County. Hon. Frank B. Smith, Judge. Proceeding before ihe board of county commissioners of Davison county to compel the Chicago, Milwaukee & St. Paul Railway Company to construct a crossing- or bridge over a certain highway. From an order requiring the crossing to be put in, the company appealed to the circuit court, where the appeal was dismissed, and from the order dismissing the appeal, the company appeals. An appeal lies to the circuit court from the acts of the county commissioners growing out of their duties provided for in sections 527 to 531 of the…
1Opinion of the CourtSmith, J.
This is an appeal from the circuit court of Davison county. A proceeding was brought under the provisions of sections 527, 528, 529, and 530 of the Revised Civil Code of 1903 to require appellant to construct a bridge or crossing on its line of railroad over a highway in Davison county. The law under which these proceedings were brought was originally passed by the legislative assembly of this state as chapter 156, Laws 1895, and its provisions were embodied in the Revised Codes of 1903 as a part of article 9 of chapter 3, entitled “Railroad Corporation,” and the sections are as follows:
“Sec.…
2Cases cited12 opinions
- People v. Bank of San Luis ObispoCalifornia Supreme Court · 1907
- United States Gypsum Co. v. Kent Circuit JudgeMichigan Supreme Court · 1908
- Pierre Water-Works Co. v. Hughes CountySupreme Court Of The Territory Of Dakota · 1888
- Fulkerson v. Board of CommissionersSupreme Court of Kansas · 1883
- Reynolds v. Board of CommissionersIdaho Supreme Court · 1899
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3Cited by6 opinions
- Barnum v. EwingSouth Dakota Supreme Court · 1928
- Codington County v. Board of County Com'rsSouth Dakota Supreme Court · 1927
- Clark v. County of BeadleSouth Dakota Supreme Court · 1919
- Fargo v. AasethSouth Dakota Supreme Court · 1912
- In re Sorenson Drainage DitchSouth Dakota Supreme Court · 1911
1 more not listed; retrieve them via the Exa API.