Lincoln v. Great Northern Railway Co.
North Dakota Supreme Court
Appeal from the District Court of Grand Porks County, Temple-ton,, Judge. All material allegations of the complaint not controverted by tbe answer shall, for the purposes of the action, be taken as true. Rev. Codes 1905, § 6878. A right of way incident to land is an easement. Rev. Codes 1905, §§ 4926-4928. All easements are created by grant.
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Appeal from the District Court of Grand Porks County, Temple-ton,, Judge. All material allegations of the complaint not controverted by tbe answer shall, for the purposes of the action, be taken as true. Rev. Codes 1905, § 6878. A right of way incident to land is an easement. Rev. Codes 1905, §§ 4926-4928. All easements are created by grant. The grant may be direct and express, or certain facts and conditions may .lead to a conclusive presumption that it exists. 10 Am. & Eng. Enc. Law, 409. An easement is a species of real property. Rev. Codes 1905, §§ 4705, 4706, 4708. Private property shall…
1Opinion of the CourtBubiod, J.
About the year 1881 the St. Paul, Minneapolis, & •Manitoba Bailway was built from St. Paul to Winnipeg, passing through the village of Manvel, in Grand Forks county, Dakota territory, and crossing the Turtle river about a mile north of the village. Between the town and the river a tract of land was owned by one Gould, who deeded a right of way 100 feet in width through the said tract, to the said railway company. At the same time the railway company established a private crossing over the said railway and connected the two portions of the tract of land owned by Gould, severed *507by tbe line of…
2Cases cited20 opinions
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- Northern Pacific Railway Co. v. ElySupreme Court of the United States · 1905
- Parish v. KaspareIndiana Supreme Court · 1887
- Venable v. Wabash Western Railway Co.Supreme Court of Missouri · 1893
- Whittington v. Doe ex dem. WrightSupreme Court of Georgia · 1850
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3Cited by2 opinions
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- Home of Economy v. Burlington Northern Santa Fe RailroadNorth Dakota Supreme Court · 2007