Sherman v. Sherman
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Abbie Phillips Sherriian and others against P. F. Sherman and others. Judgment of dismissal, and plaintiffs appeal. The right acquired by the power of eminent domain extends only to an easement in the land taken, unless the statute plainly provides 'for the acquisition of a larger interest.
Read the full summary
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Abbie Phillips Sherriian and others against P. F. Sherman and others. Judgment of dismissal, and plaintiffs appeal. The right acquired by the power of eminent domain extends only to an easement in the land taken, unless the statute plainly provides 'for the acquisition of a larger interest. In any case, however, an easement only would be taken, unless the statute plainly-contemplated and provided for the appropriation of a larger interest. Cooley Const. Rim. 559; Ryon v. McDonald, 9 R. R. A. 295; New Jersey…
1Opinion of the CourtMcCOY, J.
This case comes to this court on appeal from Minnehaha county circuit court. There is no dispute about the facts. Both sides rely upon the findings of fact as found by the trial court. From such findings it appears: That the plaintiffs Abbie Phillips Sherman, Alice Phillips Wilcox, Flora C. Phillips, Charles A. Phillips, Rossie C. Phillips, and Josie L. Phillips were minors, domiciled in the county of Minnehaha in September, 4887, and that Hattie C. Phillips had been duly appointed the guardian of said minors, and that the said minors were at that time tenants in common with Annie C. Phillips…
2Cases cited10 opinions
- Vail v. . Long Island R.R. Co.New York Court of Appeals · 1887
- Robinson v. Missisquoi R. R.Supreme Court of Vermont · 1887
- Flaten v. MoorheadSupreme Court of Minnesota · 1892
- Greene v. O'ConnorSupreme Court of Rhode Island · 1892
- Curtis v. Board of EducationSupreme Court of Kansas · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Quinn v. Pere Marquette Railway Co.Michigan Supreme Court · 1931
- Marland v. GillespieSupreme Court of Oklahoma · 1934
- Coates & Hopkins Realty Co. v. Kansas City Terminal Railway Co.Supreme Court of Missouri · 1931
- Magnolia Petroleum Co. v. ThompsonCourt of Appeals for the Eighth Circuit · 1939
- Gilbert v. Missouri, K. & T. Ry. Co.Court of Appeals for the Eighth Circuit · 1911
13 more not listed; retrieve them via the Exa API.