Washington & Idaho Railway Co. v. Northern Pacific Railway Co.
Idaho Supreme Court
APPEAL from District Court, Shoshone County. The language of the act under which the plaintiff claims its grant reads: “That the right of way over the public lands of the United States is hereby granted to any railroad company, etc.” Public lands within the meaning of the act are those lands the title of which remains in the United States. They are termed public lands, because all the people of the country have an interest in them.
Read the full summary
APPEAL from District Court, Shoshone County. The language of the act under which the plaintiff claims its grant reads: “That the right of way over the public lands of the United States is hereby granted to any railroad company, etc.” Public lands within the meaning of the act are those lands the title of which remains in the United States. They are termed public lands, because all the people of the country have an interest in them. The fact that they are temporarily reserved from sale does not affect their character as public lands. (Bouldin v. Phelps, 30 Fed. 554, 555.) The title remains in…
1Opinion of the CourtBerry, J.
This case comes into this court on appeal from a judgment entered in favor of the defendant upon an order sustaining a demurrer to the complaint. Stripped of all minor questions, and which are not essential to the case, the main issue, and that on which all else in the ease depends, is as to which party is entitled to the possession of certain parts of sections 25 and 27, in township 49 north, of range 1 east, of Boise meridian, in Shoshone county. The plaintiff claims a right of way for its road through them, under the act of March 3, 1875. It claims to have fulfilled all the conditions of…
2Cases cited7 opinions
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Railroad Co. v. BaldwinSupreme Court of the United States · 1881
- Buttz v. Northern Pacific RailroadSupreme Court of the United States · 1886
- Railway Co. v. McShaneSupreme Court of the United States · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Rudeen v. CenarrusaIdaho Supreme Court · 2001
- State v. C. P. R. R. Co.Nevada Supreme Court · 1889
- State v. Central Pacific RailroadNevada Supreme Court · 1889