Jamestown & Northern Railroad v. Jones
North Dakota Supreme Court
Appeal from District Court, Stutsman County; Glaspel, J. Action by the Jamestown & Northern Railroad Company against Theodore J. Jones. Defendant had judgment, and plaintiff appeals. Prior to the enactment of the general act of 1875, similar grants had been made to other companies.
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Appeal from District Court, Stutsman County; Glaspel, J. Action by the Jamestown & Northern Railroad Company against Theodore J. Jones. Defendant had judgment, and plaintiff appeals. Prior to the enactment of the general act of 1875, similar grants had been made to other companies. In construing similar acts the Supreme Court has held that they constituted a present grant, and that the title acquired by settlement subsequently made upon land over which the right-of-way was granted, was subject to such grant. Baldwin v. Railroad, 103 U. S. 426; Railroad v. Dyer, 1 Sawyer, 641; Railroad v.…
1Opinion of the CourtCorliss, C. J.
Plaintiff claims that it is entitled to a right-of-way over the defendant’s land. It is conceded that it has never purchased or condemned such right of way. All the title it has must rest upon the act of congress passed March 3, 1875, entitled “An act granting to railroads the right-of-way through the public lands of the United States.” Section 1 of that act declares “that the right-of-way through the public lands of the United States is hereby granted to any railroad company duly organized under the laws of any state or territory, except the District of Columbia, or by the congress of the…
2Cases cited15 opinions
- Johnson v. TowsleySupreme Court of the United States · 1871
- Shepley v. CowanSupreme Court of the United States · 1876
- Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
- Kansas Pacific Railway Co. v. DunmeyerSupreme Court of the United States · 1885
- Bardon v. Northern Pacific RailroadSupreme Court of the United States · 1892
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3Cited by6 opinions
- Slaght v. Northern Pacific Railway Co.Washington Supreme Court · 1905
- Comford v. Great Northern Railway Co.North Dakota Supreme Court · 1909
- Doughty v. Minneapolis, St. Paul & Sault Sainte Marie Ry. Co.North Dakota Supreme Court · 1906
- Union Pacific Railroad v. HarrisSupreme Court of Kansas · 1907
- Dyke v. Arizona Eastern RailroadArizona Supreme Court · 1916
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