Smith v. Northern Pacific Ry. Co.
Montana Supreme Court
Appeal from, District Court, Missoula Countyj B. Lee McCul-loch,, Judge. Action by James E. and Julia Smith against the Northern Pacific Bailway Company. Judgment for plaintiffs and defendant appeals. The grant was one in praesenti, and took effect at, and the title thereby conveyed relates back to, the time of its approval, and the rights which it conferred upon the grantee, its successors and assigns, are subject to no conditions except those expressed in the grant.
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Appeal from, District Court, Missoula Countyj B. Lee McCul-loch,, Judge. Action by James E. and Julia Smith against the Northern Pacific Bailway Company. Judgment for plaintiffs and defendant appeals. The grant was one in praesenti, and took effect at, and the title thereby conveyed relates back to, the time of its approval, and the rights which it conferred upon the grantee, its successors and assigns, are subject to no conditions except those expressed in the grant. (Wilkinson v. Northern Pac. B. Co., 5 Mont. 538, 6 Pac. 349; Bybee v. Oregon etc. B. Co., 139 U. S. 663, 35 L. Ed. 305, 11…
1Opinion of the CourtJustice Sanner
The plaintiffs are the owners of certain lots in block 95 of the Railroad Addition to the city of Missoula, upon which several dwelling-houses are situated, occupied by the plaintiffs and their tenants. In the fall of 1907 and the early part of 1908, the defendant, a railway corporation, erected a coal-dock upon *546its right of way in its railroad yards at Missoula for the purpose of supplying its 'locomotive engines with coal. The dock is about eighty feet high, with a raised track on the north side from which coal is dumped into it, and by means of machinery and appliances power is provided…
2Cases cited17 opinions
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- United States v. Denver & Rio Grande Railway Co.Supreme Court of the United States · 1893
- Chicago, Rock Island & Pacific Railway Co. v. SmithIllinois Supreme Court · 1884
- White v. Chicago, St. Louis & Pittsburgh RailroadIndiana Supreme Court · 1890
- Bennett v. . Long Island Railroad Co.New York Court of Appeals · 1905
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3Cited by2 opinions
- Stepan v. Northern Pacific Railway Co.Montana Supreme Court · 1928
- Stevens v. Northern Pacific Ry. Co.Montana Supreme Court · 1915