Northern Pacific Railway Co. v. Lake
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by the Northern Pacific Railway Company against Frank Lake and another. A verdict was directed for defendants, and plaintiff appeals from an order denying its motion for a new trial. Plaintiff showed title to the fee of the strip of land in question and the burden thereupon devolved upon the defendants to show that plaintiff had lost such title or that it was subject to the easement of a public highway.
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Appeal from District Court, Cass County; Pollock, J. Action by the Northern Pacific Railway Company against Frank Lake and another. A verdict was directed for defendants, and plaintiff appeals from an order denying its motion for a new trial. Plaintiff showed title to the fee of the strip of land in question and the burden thereupon devolved upon the defendants to show that plaintiff had lost such title or that it was subject to the easement of a public highway. If the public has gained an easement over it, such right has been acquired by user only, and not otherwise. In order to affect a…
1Opinion of the CourtYoung, J.
The plaintiff brings this action to eject the defendants from a strip of land situated in the city of Fargo, said land lying and being in section 7, and immediately .south of the section line between section 6 and 7, in township No. 139 north, of range 48 west, upon which section line the street known as Northern Pacific Avenue is located. The plaintiff alleges that it is the owner in fee, and entitled to the posesssion of said real estate, except so far as the city of Fargo has the right to use the same for street purposes; that the defendants unlawfully entered upon said premises and…
2Cases cited12 opinions
- Wager v. . Troy Union Railroad CompanyNew York Court of Appeals · 1862
- Taylor v. ArmstrongSupreme Court of Arkansas · 1863
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- Sherman v. . McKeonNew York Court of Appeals · 1868
- Walcott Township v. SkaugeNorth Dakota Supreme Court · 1897
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- Langston City v. GustinSupreme Court of Oklahoma · 1942
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