GREAT NORTHERN RY. CO. v. CHICAGO, ST. P., M. & O. RY. CO.

No. 9738.

99 N.W.2d 439 (1959)

GREAT NORTHERN RAILWAY COMPANY, Plaintiff and Respondent, v. CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA RAILWAY COMPANY and Chicago and North Western Railway Company, Defendants and Appellants.

Supreme Court of South Dakota.

November 24, 1959.


Attorney(s) appearing for the Case

Churchill, Churchill & Sauer, Huron, Edgar Vanneman, Jr., Chicago, Ill., for defendants-appellants.

Anthony Kane, John C. Smith, St. Paul, Minn., H. F. Chapman, Sioux Falls, for plaintiff-respondent.


HANSON, Presiding Judge.

In this eminent domain proceeding the Great Northern Railway Company seeks to acquire an easement across the right of way owned by the Omaha Railway Company and leased by the Chicago and North Western Railway Company. The issues were submitted to the trial court on defendants' motion to dismiss the complaint. The motion was denied. Thereafter the amount of damages was stipulated and defendants have appealed from the order denying their motion...

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