Railroad Co. v. Baldwin
Supreme Court of the United States
Error to tbe Supreme Court of tbe State of Nebraska. . Tbis was an action by Baldwin to recover of tbe St. Joseph and Denver City Railroad Company, or its successor in interest, damages for entering upon bis land in Nebraska, and appropri.ating, in tbe construction of its road, a strip two hundred feet in width and two hundred rods in length.
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Error to tbe Supreme Court of tbe State of Nebraska. . Tbis was an action by Baldwin to recover of tbe St. Joseph and Denver City Railroad Company, or its successor in interest, damages for entering upon bis land in Nebraska, and appropri.ating, in tbe construction of its road, a strip two hundred feet in width and two hundred rods in length. The company claimed a right of way over the land of that width, under the act of Congress of July 28, 1866, c. 212, entitled “ An Act for a grant of lands to the State of Kansas to aid in the construction of the Northern Kansas Railroad and Telegraph.”…
1Opinion of the CourtJustice Field
The act of Congress of July 23,1866, c. 212, makes two distinct grants: one of lands to the State of Kansas for the benefit of the St. Joseph and Denya-r O' ~- Railroad Company in the construction of a railroad.from Elwóod in that State to its junction with the Union Pacific via Maryville; the other of a right of way directly to the company itself. The lands consisted of alternate sections, designated by odd numbers, on each side of the line of the proposed road. The grant of them was subject to the condition that if, at the time the line of the road was definitely fixed, the United States…
2Cases cited1 opinion
- Missouri, Kansas, & Texas Railway Co. v. Kansas Pacific Railway Co.Supreme Court of the United States · 1878
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