Great Northern Ry. Co. v. Town of Viborg
South Dakota Supreme Court
Appeal from circuit court, Turner county. Hon. E. G. Smith, Judge. Action by tbe Great Northern Railway Company against the town of Viborg and others. Judgment for defendants. Plaintiff appeals. ■ A public road cannot be established by prescription or limitation while the land over which the road runs is unimproved, or unoccupied prairie land over which people may travel at their pleasure.
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Appeal from circuit court, Turner county. Hon. E. G. Smith, Judge. Action by tbe Great Northern Railway Company against the town of Viborg and others. Judgment for defendants. Plaintiff appeals. ■ A public road cannot be established by prescription or limitation while the land over which the road runs is unimproved, or unoccupied prairie land over which people may travel at their pleasure. State v; O’Laughlin, 19 Kan. 504; State v. Railway Co., 45 la., 139; Graham v. Hartnett, 10 Neb. 517; Watt v. Smith, 11 Mete. 241; Stacy v. Miller, 14 Mo. 478; State v. Joyce, 19 Wis. 90; Warren v.…
1Opinion of the CourtFuller, J.
This appeal is from a judgment dismissing the complaint in an action by the Great Northern Railway Company to restrain the incorporated town of Viborg from placing a street crossing over the company’s right of way within corporate limits, and the right of respondent to thus proceed without paying damages is the question that controls the case. The disputed ground extends entirely across the right of way, 350 feet in width, and includes 33 feet on each side of a north and south section line upon which is located a thoroughfare 66 feet wide, designated “Main Street” on the village plat, and…
2Cases cited4 opinions
- Wells v. Pennington CountySouth Dakota Supreme Court · 1891
- Walcott Township v. SkaugeNorth Dakota Supreme Court · 1897
- Keen v. Board of Sup'rsSouth Dakota Supreme Court · 1896
- Riverside Township v. NewtonSouth Dakota Supreme Court · 1898
3Cited by4 opinions
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- Lindsay Land & Live Stock Co. v. ChurnosUtah Supreme Court · 1929
- Jeremy v. BertagnoleUtah Supreme Court · 1941
- So. Utah Wilderness v. BLMCourt of Appeals for the Tenth Circuit · 2005