Tri-State Telephone & Telegraph Co. v. Cosgriff
North Dakota Supreme Court
' Appeal from District Court, Grand Forks County, Goss, J. Action by the Tri-State Telephone & Telegraph Company against M. A. Cosgriff and others, for the purpose of condemning certain real property to the uses of the plaintiff for a telephone and telegraph line in exercise of the right of eminent domain. A judgment was entered in favor of each of the defendants, and plaintiff appeals.. Courts allow only for property actually taken. Everett v. Union Pac. Ry.
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' Appeal from District Court, Grand Forks County, Goss, J. Action by the Tri-State Telephone & Telegraph Company against M. A. Cosgriff and others, for the purpose of condemning certain real property to the uses of the plaintiff for a telephone and telegraph line in exercise of the right of eminent domain. A judgment was entered in favor of each of the defendants, and plaintiff appeals.. Courts allow only for property actually taken. Everett v. Union Pac. Ry. Go., 59 la. 234, 13 N. W. 109; Burt v. Wigglesworth, 117 Mass. 302; Co. v. Ring, 58 Mo. 491; Co. v. Elliott, 5 Nev. 358; Cummings v.…
1Opinion of the CourtEllsworth, J.
The proceeding in which this appeal is taken is a civil action -brought under the provisions of chapter 36 of the Code of -Civil Procedure (sections 7574-7603, Rev. Codes 1905) for the exercise of the right of eminent domain upon certain real property belonging to the defendants. The use for which the condemnation of the property is sought is a right of way upon which to construct, maintain, and operate a telephone and telegraph line. The real property brought in question by the proceeding is situated in Grand Forks county, and, in the case of each defendant, abuts upon a public highway 4…
2Cases cited10 opinions
- City of Santa Ana v. HarlinCalifornia Supreme Court · 1893
- Donovan v. AllertNorth Dakota Supreme Court · 1902
- Union Depot, Street Railway & Transfer Co. v. BrunswickSupreme Court of Minnesota · 1883
- Town of Eutaw v. BotnickSupreme Court of Alabama · 1907
- Burt v. WigglesworthMassachusetts Supreme Judicial Court · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Otter Tail Power Co. v. Henry Von BankNorth Dakota Supreme Court · 1942
- City of Devils Lake v. DavisNorth Dakota Supreme Court · 1992
- Ross v. Commissioners of the Palisades Interstate ParkSupreme Court of New Jersey · 1917
- City of Fargo v. FahrlanderNorth Dakota Supreme Court · 1972
- Illinois Power Co. v. WielandIllinois Supreme Court · 1927
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