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NORTHERN PACIFIC RAILROAD CO. v. SMITH

No. 98.

171 U.S. 260 (1898)

NORTHERN PACIFIC RAILROAD COMPANY v. SMITH.

Supreme Court of United States.

Decided May 31, 1898.

Attorney(s) appearing for the Case

Mr. C.W. Bunn, for plaintiffs in error. Mr. C.W. Halcomb, by leave of court, filed a brief for same.

Mr. H.F. Stevens for defendant in error.

MR. JUSTICE SHIRAS, after stating the facts, delivered the opinion of the court.

By the second section of the act of July 2, 1864, creating the Northern Pacific Railroad Company, there was granted to that company, its successors and assigns, the right of way through the public lands to the extent of two hundred feet in width on each side of said railroad where it may pass through the public domain.

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