Patterson v. Mississippi & R. R. Boom Co.
U.S. Circuit Court for the District of Minnesota
[This was an action by William C. Patterson against the Mississippi & Rum River Boom Company.] A statute of the state of Minnesota incorporated a boom company and authorized it to exercise the right of eminent domain for the appropriation of land necessary for its business. Sp.
Read the full summary
[This was an action by William C. Patterson against the Mississippi & Rum River Boom Company.] A statute of the state of Minnesota incorporated a boom company and authorized it to exercise the right of eminent domain for the appropriation of land necessary for its business. Sp. Laws 1867, p. 355, § 13. The act provided for the appointment of three commissioners by the district court or judge, who, upon notice, were to make the assessment of damages and file the award in the office of the clerk of said court. The act gives either party the right to appeal from the award to the district court.…
1Opinion of the Court
MILLER, Circuit Justice.
1. Under the charter of the boom company, the mode of appropriation of lands is particularly prescribed. At the time when the removal was applied for. the controversy between the boom company and the land owner had assumed the shape of a suit docketed and pend • ing as an action at law in the state court, and, in our judgment, it was such a suit as might be removed under the act'of congress in that regard [18 Stat. 470].
2. In view of the large logging and lumber interests of the state on the Mississippi river and of the necessity for booms, and of the special…
2Cited by8 opinions
- National Surety Co. v. Citizens' Light, Heat & Power Co.Supreme Court of Alabama · 1918
- Russell v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Hill Grocery Co. v. CaldwellSupreme Court of Alabama · 1924
- Mineral Range R. Co. v. Detroit & Lake Superior Copper Co.U.S. Circuit Court for the District of Western Michigan · 1885
- Craigie v. McArthurU.S. Circuit Court for the District of Minnesota · 1877
3 more not listed; retrieve them via the Exa API.