Oregon Short Line Railroad v. Stalker
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for the County of Ada. Hon. George H. Stewart, Judge. • Action in ejectment by the plaintiff to recover possession of certain lots and ground claimed as depot and station site. Judgment for plaintiff and defendants appealed.
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APPEAL from the District Court of the Third Judicial District for the County of Ada. Hon. George H. Stewart, Judge. • Action in ejectment by the plaintiff to recover possession of certain lots and ground claimed as depot and station site. Judgment for plaintiff and defendants appealed. “This grant by Congress of a right of way is not an absolute fee for all purposes, but in the nature of a conditional grant and limited to use and occupation by the grantee and its successors and assigns for the purpose of maintaining and operating a railroad.” (Oregon Short Line By, Co. v. Quig-ley, 10 Ida.…
1Opinion of the CourtAilshie, C. J.
This is an action in ejectment instituted by the plaintiff, the Oregon Short Line Railroad Company, to recover possession of four lots in Rowan’s addition to the town of Meridian in Ada county. The railroad company claims this ground under the provisions of the act of Congress of March 3, 1875 (18 U. S. Stats, at Large, 482; U. S. Comp. Stats. 1901, p. 1568), granting rights of way and depot and station grounds to railway corporations that comply with and bring themselves under the provisions of that act. The defendants answered denying the allegations of the complaint and alleging a fee…
Also in this document: Concurrence.
2Cases cited1 opinion
- Oregon Short Line Railroad v. QuigleyIdaho Supreme Court · 1905
3Cited by16 opinions
- Coulsen v. Aberdeen-Springfield Canal Co.Idaho Supreme Court · 1929
- Clarke v. BoysenCourt of Appeals for the Tenth Circuit · 1930
- Lake CDA Investment, LLC v. Idaho Department of LandsIdaho Supreme Court · 2010
- State Ex Rel. State Highway Commission v. MeekerWyoming Supreme Court · 1956
- Rio Grande Western Railway Co. v. StringhamUtah Supreme Court · 1910
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