Railroad Company v. Baldwin
Decision Date | 01 October 1880 |
Citation | 103 U.S. 426,26 L.Ed. 578 |
Parties | RAILROAD COMPANY v. BALDWIN |
Court | U.S. Supreme Court |
ERROR to the Supreme Court of the State of Nebraska.
This was an action by Baldwin to recover of the St. Joseph and Denver City Railroad Company, or its successor in interest, damages for entering upon his land in Nebraska, and appropri- ating, in the construction of its road, a strip two hundred feet in width and two hundred road in length. The company claimed a right of way over the land of that width, under the act of Congress of July 23, 1866, c. 212, entitled 'An Act for a grant of lands to the State of Kansas to aid in the construction of the Northern Kansas Railroad and Telegraph.' 14 Stat. 210. The first section of the act, so far as it is material in this case, is as follows:——
The fourth section is as follows:——
'That as soon as the said company shall file with the Secretary of the Interior maps of its line designating the route thereof, it shall be the duty of the said Secretary to withdraw from the market the lands granted by this act in such manner as may be best calculated to effect the purpose of this act and subserve the public interest.'
The sixth section is as follows:——
When the grant was made by Congress, the land claimed by Baldwin was vacant and unoccupied land of the United States. But the line of the road over it was not definitely located until October, 1871. He acquired whatever rights he possession in October, 1869. The defendant contends that the plaintiff took the land subject to its right of way. He contends that the grant of the right of way took effect only from the date at which the company filed its maps designating the route with the Secretary of the Interior. The District Court of the State agreed with him and gave judgment in his favor. The Supreme Court affirmed it, and to review it the cause is brought here.
Mr. John F. Dillon for the plaintiff in error.
Mr. E. E. Brown, contra.
MR. JUSTICE FIELD, after stating the case, delivered the opinion of the court.
The act of Congress of July 23, 1866, c. 212, makes two distinct grants: one of lands to the State of Kansas for the benefit of the St. Joseph and Denver City Railroad Company in the construction of a railroad from Elwood in that State to its junction with the Union Pacific via Maryville;...
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