Griswold v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Appeal from District Court, Richland county; W. S. Lauder, J.. Action by Willis H. Griswold and others against the Minneapolis, St. Paul & Sault Ste. Marie Railway Company. Judgment for plaintiffs, and defendant appeals. The condition contained in the conveyance of the right of way to the defendant, was a condition subsequent, and the land owner cannot eject the corporation for a breach of a condition subsequent..
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Appeal from District Court, Richland county; W. S. Lauder, J.. Action by Willis H. Griswold and others against the Minneapolis, St. Paul & Sault Ste. Marie Railway Company. Judgment for plaintiffs, and defendant appeals. The condition contained in the conveyance of the right of way to the defendant, was a condition subsequent, and the land owner cannot eject the corporation for a breach of a condition subsequent.. Wood on Railway Law, 604; Hornback v. Cincinnati, etc., R. R. Co., 20® Oh. St. 81; Dunn v. Railway Co., 24 Mo. 493; Goodin v. Canal Co., 18 Oh. St. 169; Roberts v. N. P. R. R. Co.,…
1Opinion of the CourtYoung, C. J.
This action was instituted in the district court of Richland county for the purpose of ejecting the defendant railway company from a strip of land used by it for a right of way. The defendant is, and has been since February 12, 1892, a railroad corporation, operating a line of railroad from Sault Ste. Marie, Mich., to Portal, N. D., and over the lands involved in this action, and is a common carrier of freight and passengers, and of the United States mail, and is engaged in interstate commerce. On February 12, 1892, the land in question was conveyed to the defendant by warranty deed…
2Cases cited37 opinions
- Cowell v. Springs Co.Supreme Court of the United States · 1879
- Blanchard v. Detroit, Lansing & Lake Michigan RailroadMichigan Supreme Court · 1875
- Ritchie v. Kansas, Nebraska & Dakota Railway Co.Supreme Court of Kansas · 1895
- Donovan v. AllertNorth Dakota Supreme Court · 1902
- Louisville, New Albany & Chicago Railway Co. v. SumnerIndiana Supreme Court · 1886
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3Cited by7 opinions
- Hooper v. Bankhead & BankheadSupreme Court of Alabama · 1911
- Jackson Lumber Co. v. ButlerSupreme Court of Alabama · 1942
- Southard v. Arkansas Valley & W. Ry. Co.Supreme Court of Oklahoma · 1909
- Northern Pacific Railway Co. v. Richland CountyNorth Dakota Supreme Court · 1914
- Johnson v. Hawthorne Ditch Co.South Dakota Supreme Court · 1913
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