Oregon Short Line Railway v. Gooding
Idaho Supreme Court
APPEAL from District Court, Blaine County. The term “right of way” can only be understood as embracing the land used as a way for the road, and not such additional ground as may be used for the convenience of the railroad, but is not part of its right of way. (Chicago etc. Ey. Co. v. Pad-clock, 75 111. 616.) The case of Oregon Short Line Ey.
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APPEAL from District Court, Blaine County. The term “right of way” can only be understood as embracing the land used as a way for the road, and not such additional ground as may be used for the convenience of the railroad, but is not part of its right of way. (Chicago etc. Ey. Co. v. Pad-clock, 75 111. 616.) The case of Oregon Short Line Ey. Co. v. Yeates, 2 Idaho, 397, 17 Pac. 457, settles this question, in our judgment, and in effect decides that the right of way embraces only the two hundred foot strip through the center of which the main line of railway runs. Property not held or used for…
1Opinion of the CourtHuston, C. J.
— This action was brought to restrain the defendant, as assessor of Lincoln county, from collecting certain taxes assessed against the property of the plaintiff corporation for the year 1897. Judgment was rendered in the district court in favor of the plaintiff and against defendant, and from said judgment this appeal is taken.
The only question presented by the record for our decision is, Was the assessment by the assessor of Lincoln county authorized by law? It is contended by respondent that under the statutes of Idaho all of the property, the assessment of which *775by tbe assessor of Lincoln…
2Cases cited2 opinions
- Chicago, Burlington & Quincy R. R. v. PaddockIllinois Supreme Court · 1874
- Oregon Short Line Railway Co. v. YeatesIdaho Supreme Court · 1888
3Cited by2 opinions
- Ada County v. BottolfsenIdaho Supreme Court · 1940
- Standard Oil Co. v. City of BarbourvilleCourt of Appeals of Kentucky (pre-1976) · 1938