Franzen v. Chicago, M. St. P. Ry. Co.
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Suit by tbe Chicago, Milwaukee & St. Paul Railway Company against George K. Eranzen and others. Judgment for plaintiff, and defendants bring error. The parties will be designated as they appeared in the court below. Plaintiff, operating a railroad, instituted in the state court proceedings to acquire certain rights in land owned by defendants.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Suit by tbe Chicago, Milwaukee & St. Paul Railway Company against George K. Eranzen and others. Judgment for plaintiff, and defendants bring error. The parties will be designated as they appeared in the court below. Plaintiff, operating a railroad, instituted in the state court proceedings to acquire certain rights in land owned by defendants. Its right so to do was at first denied, but on appeal was established. C., M. & St. Paul Ry. Co. v. Franzcn, 287 .111. 346, 122 N. E. 492.…
1Opinion of the Court
EVANS, Circuit Judge.
[1] Plaintiff’s right to maintain condemnation proceedings for the purposes set forth in the petition was established by the decision of the Supreme Court of Illinois in the case above cited. No reason is advanced why this ruling should not be accepted by us, and the issue is therefore settled. Hairston v. D. & W. Ry. Co., 208 U. S. 598, 28 Sup. Ct. 331, 52 L. Ed. 637, 13 Ann. Cas. 1008; Strickley v. Highland Boy Mining Co., 200 U. S. 527, 26 Sup. Ct. 301, 50 L. Ed. 581, 4 Ann. Cas. 1174; Union Lime Co. v. C. & N. W. Ry. Co., 233 U. S. 211, 34 Sup. Ct. 522, 58 L. Ed. 924.
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2Cases cited14 opinions
- McClellan v. CarlandSupreme Court of the United States · 1910
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Kohl v. United StatesSupreme Court of the United States · 1876
- Madisonville Traction Company v. Saint Bernard Mining CompanySupreme Court of the United States · 1905
- Farmers' Loan & Trust Co. v. Lake Street Elevated RailroadSupreme Court of the United States · 1900
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- County of Allegheny v. Frank Mashuda Co.Supreme Court of the United States · 1959
- United States v. MeyerCourt of Appeals for the Seventh Circuit · 1940
- United States v. Certain Parcels of LandDistrict Court, S.D. California · 1953
- Hannan v. United StatesCourt of Appeals for the D.C. Circuit · 1942
- Conrad v. WestCalifornia Court of Appeal · 1950
11 more not listed; retrieve them via the Exa API.