United States v. Bailey
U.S. Circuit Court for the District of South Dakota
Action by the United States against Charles O. Bailey, as Receiver of the Missouri River & Northwestern Railway Company and the Title Guaranty & Trust Company of Scranton, Pa. On demurrer to the complaint.
Read the full summary
Action by the United States against Charles O. Bailey, as Receiver of the Missouri River & Northwestern Railway Company and the Title Guaranty & Trust Company of Scranton, Pa. On demurrer to the complaint. The action was begun by Edward E. Wagner, United States Attorney for the district of South Dakota, by the direction of the Attorney General of the United States, to recover damages alleged to have been done to a forest reservation of the United States by the receiver’s alleged negligence in so operating the road as to set fire to and burn a quantity of standing timber of the alleged value…
1Opinion of the Court
GARLAND, District Judge.
The act of March 3, 1875, entitled “An act granting to railroad the right of way through the public lands of the United States” (18 Stat 482, c. 152 [U. S. Comp. St. 1901, p. 1568]), contains the following provision:
“Sec. 5. That this act shall not apply to any lands within the limits of any military park, or Indian reservation, or other land specially reserved from sale unless such right of way shall be provided for by treaty stipulation, or by act of Congress, heretofore passed.”
By the act of Congress approved March 3, 1899 (30 Slat. 1233, c. 427 [U. S. Comp. St…
2Cases cited7 opinions
- The United States, in Error v. Phineas Bradley, Surviving Administrator of David Ott DeceasedSupreme Court of the United States · 1836
- Carnegie, Phipps & Co. v. HulbertCourt of Appeals for the Eighth Circuit · 1895
- Jessup v. United StatesSupreme Court of the United States · 1882
- Tyler v. HandSupreme Court of the United States · 1849
- United States Fidelity & Guaranty Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Chicago, M. & St. P. Ry. Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1914
- Narragansett Pier Railroad v. PalmerSupreme Court of Rhode Island · 1944
- People v. United States Fidelity & Guaranty Co.California Court of Appeal · 1941