Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Doughty
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OF NORTH DAKOTA. The facts are stated in the opiniou.
1Opinion of the CourtJustice McKenna
This action was brought by the defendant in error against plaintiff in error in the District Court of Foster County, State of North Dakota, to recover compensation for injury to his land by the construction and operation of the railroad oí the plaintiff in error.
Defendant in error has a patent to the land, and the question is. whether before his settlement undér. the homestead laws plaintiff in error acquired á right of way over the land for its railroad under the. act of March 3, 1875, c. 152, 18 Stat. 482;
The trial court held (1) That defendant in error was “the owner in absolute fee simple…
2Cases cited4 opinions
- Jamestown & Northern Railroad v. JonesSupreme Court of the United States · 1900
- Larsen v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1890
- Enoch v. Spokane Falls & Northern Railway Co.Washington Supreme Court · 1893
- Hamilton v. Spokane & Palouse RailroadIdaho Supreme Court · 1891
3Cited by24 opinions
- Stalker v. Oregon Short Line RailroadSupreme Court of the United States · 1912
- Pollnow v. Department of Natural ResourcesWisconsin Supreme Court · 1979
- Noble v. Oklahoma CitySupreme Court of the United States · 1936
- United States v. WhitneyU.S. Circuit Court for the District of Idaho · 1910
- Rio Grande Western Railway Co. v. StringhamUtah Supreme Court · 1910
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