Atlas Lumber Co. v. Quirk
South Dakota Supreme Court
Appeal from Circuit Court, Hyde County. Hon. John E. Hughes, Judge. Action by the Atlas Lumber Company and another against Elmer Quirk. From a judgment for defendant, plaintiffs appeal. The following is the plat referred to in the opinion:
1Opinion of the CourtMcCOY, P. J.
The sole question at issue upon the merits of this action is whether or not a certain strip of ground, about 45 feet in width, lying between the right of way of the Chicago & Northwestern Railway and blocks 7, 8, and 9, of Gowdy’s addition to.the city of Highmore, is a public street or private property. The plaintiff owns lots 1 and 2 of block 7, on which it haá" *645a lumber yard. Plaintiff also has leased from the railroad company a portion of its right of way immediately south of the tracks and immediately north of the 45-foot strip of ground in controversy. The respondent claiming to be the…
2Cases cited15 opinions
- Miller v. City of IndianapolisIndiana Supreme Court · 1890
- Hanson v. EastmanSupreme Court of Minnesota · 1875
- State v. DoranSouth Dakota Supreme Court · 1912
- City of Los Angeles v. McCollumCalifornia Supreme Court · 1909
- Thompson v. MaloneyIllinois Supreme Court · 1902
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3Cited by10 opinions
- Siegenthaler v. NewtonSupreme Court of Oklahoma · 1935
- Tinaglia v. IttzesSouth Dakota Supreme Court · 1977
- Selway Homeowners Ass'n v. CummingsSouth Dakota Supreme Court · 2003
- Wenderoth v. City of Fort SmithSupreme Court of Arkansas · 1974
- Barcus v. ProkopSouth Dakota Supreme Court · 1912
5 more not listed; retrieve them via the Exa API.