ARIZONA EASTERN RAILROAD COMPANY, APPELLANT,
v.
PŒHNIX AND EASTERN RAILROAD COMPANY

U.S. | 1907-10-29
No. 100
207 U.S. 601 Supreme Court of the United States (1907) Positive Treatment
Cited by 2 cases

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  • Florida ex rel. Vars v. Knott, 308 U.S. 506 (U.S. 1939)
    …the appellee having indicated that they have no objection, the appeal is dismissed on the ground that the cause of action has abated. Martin v. Baltimore & Ohio R. Co., 151 U. S. 673, 691-692, 703; Kaipu v. Pinkham, 206 U. S. 566; Beard v. Arkansas, 207 U. S. 601, 602; Seale v. Georgia, 209 U. S. 554.…
  • Boise Cascade Corp. v. Union Pac. R.R. Co., 630 F.2d 720 (10th Cir. 1980)
    …ded before Jamestown. Minneapolis, St. Paul, etc., Ry. Co., supra, 208 U.S. at 258, 28 S.Ct. at 293, noted the split among lower courts before Jamestown. Phoenix & E. R. Co. v. Arizona Eastern R. Co., 9 Ariz. 434, 84 P. 1097, 1099, appeal dismissed, 207 U.S. 601, 28 S.Ct. 258, 52 L.Ed. 359, supports the Railroads as it recognizes that rights may be acquired by actual construction even though the construction is over land not included in the right of way portrayed in the filed profile. The next issue is whe…

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