Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.
Montana Supreme Court
Appeal from Third Judicial District, Deer Lodge County. Action by a railroad company to obtain an order permitting it to cross the tracks of another road. Judgment was rendered for the plaintiff below by Brantley, J.
1Opinion of the CourtHunt, J.
This case may be considered with reference to that of Butte, A. &. P. Ry. Co. v. Montana Union Ry. Co., ante, page 504.
The formal averments as to the corporate existence of the parties are the same, and like questions of the character of the use of the plaintiff’s tracks arise.
The more direct object of this suit is for an order permitting plaintiff to construct certain crossings for its own railway, switches and side tracks, over the main line, switches, side tracks and spurs owned and controlled by the defendants, in and about the various smelting and concentrating works of the Anaconda…
2Cases cited4 opinions
- Lake Shore & Michigan Southern Railway Co. v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1881
- Kansas City Suburban Belt Railroad v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1893
- East St. Louis Connecting Railway Co. v. East St. Louis Union Railway Co.Illinois Supreme Court · 1883
- State v. Mayor of MillvilleSupreme Court of New Jersey · 1891
3Cited by3 opinions
- Glass v. Basin Mining & Concentrating Co.Montana Supreme Court · 1899
- City of Missoula v. Mountain Water Co.Montana Supreme Court · 1987
- City of Missoula v. Mountain Water Co.Montana Supreme Court · 1987