Washington & I. R. Co. v. Coeur d'Alene Ry. & Nav. Co.
U.S. Circuit Court for the District of Idaho
At Law. Action of ejectment by the Washington & Idaho Railroad Company against the Coeur d’Alene Railway & Navigation Company and others for a right of way over public lands. Judgment for defendants.
1Opinion of the Court
Beatty, District Judge.
This action is ejectment for a railroad right of way, consisting of a strip of ground 200 feet wide by 4,100 feet long, at the town of Wallace, Idaho, and on the unsurveyed public lands of the United States. Only the first-named defendant appears in the action, and each party, for its claim to the premises in controversy, relies upon the provisions of the act of congress approved March 3, 1875, (1 *766Supp. Rev. St., 2d Ed., 91,) by section 1 of which it is provided that the right of way through the public lands “is hereby granted to any railroad duly organized under the…
2Cases cited1 opinion
- Red River & Lake of the Woods Railroad v. StureSupreme Court of Minnesota · 1884
3Cited by2 opinions
- United States v. LeeNew Mexico Supreme Court · 1910
- Billups v. ColmerOregon Supreme Court · 1926