Chicago, Milwaukee & St. Paul Ry. Co. v. Poland
Montana Supreme Court
Appeal from District Court, Fergus County; Boy E. Ayers, Judge. ■ Action by the Chicago, Milwaukee & St. Paul Railway Company against Rufus G. Poland, treasurer of Fergus county, and the City of Lewistown. From a judgment for plaintiff, defendants appeal.
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Appeal from District Court, Fergus County; Boy E. Ayers, Judge. ■ Action by the Chicago, Milwaukee & St. Paul Railway Company against Rufus G. Poland, treasurer of Fergus county, and the City of Lewistown. From a judgment for plaintiff, defendants appeal. Under the plain wording of the provisions of Chapter 89 of the Laws of 1913, there can be no doubt that the railway right of way in question, owned as an easement only, is “included within the street improved, ’ ’ and is a lot, land or piece or parcel of land, and hence is properly owned or controlled by the railway company; and the fact…
1Opinion of the CourtJustice Sanner
Appeal from a judgment enjoining the sale of certain property for a delinquent special improvement district assessment. The material facts are: That under the authority of Chapter 89, Session Laws 1913, the city of Lewistown created special improvement district No. 9 for the purpose of paving Main street to where it intersects Miller street and the Chicago, Milwaukee & St. Paul Railway crossing at that point; the exterior boundaries of the district include such intersection and they mark the end of the paving in that direction; the basis adopted for apportioning the cost of the improvement…
2Cases cited3 opinions
- Northern Pacific Railway Co. v. Richland CountyNorth Dakota Supreme Court · 1914
- South Park Commissioners v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1883
- Holt v. City of East St. LouisIllinois Supreme Court · 1894
3Cited by2 opinions
- Maberry v. GuethsMontana Supreme Court · 1989
- Wabash Ry. Co. v. City of St. LouisCourt of Appeals for the Eighth Circuit · 1933