BYBEE v. OREGON & CALIFORNIA R'D CO.

No. 276.

139 U.S. 663 (1891)

BYBEE v. OREGON AND CALIFORNIA RAILROAD COMPANY.

Supreme Court of United States.

Decided April 20, 1891.


Attorney(s) appearing for the Case

Mr. John H. Mitchell for plaintiff in error.

Mr. J. Hubley Ashton (with whom was Mr. Charles H. Tweed on the brief) for defendant in error.


MR. JUSTICE BROWN, after stating the case, delivered the opinion of the court.

Two questions are presented by the record in this case. First, whether the defendant lost the power to take possession of its right of way by its failure to construct its road within the time limited by the acts of Congress. And second, whether it is estopped to claim that it took nothing under its deed from the plaintiff, and may set up a separate...

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