Court : US Supreme Court
..... co. v. mcbride - 141 u.s. 127 (1891) u.s. supreme court st. louis & san francisco ry. co. v. mcbride, 141 u.s. 127 (1891) st. louis and san francisco railway company v. mcbride no. 1712 submitted may 11, 1891 decided may 25, 1891 141 u.s. 127 error to the circuit court of the united states for the western district of ..... was a corporation and citizen of the state of missouri, doing business in the state of arkansas and the indian territory, owning, maintaining, and operating a line of railway through said states and territory, that on the 20th day of july, 1890, page 141 u. s. 128 the deceased, james a. mcbride, was in the employ of defendant, ..... syllabus the only question open in a case brought up under the act of february 25, 1883, 25 stat. 693, c. 236, where the judgment does not exceed $5,000, is the question of jurisdiction of the court below. in the indian territory, a right of action survives against a railroad company inflicting injuries upon a passenger which result in death. when a .....
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..... c. 236, on the question of the jurisdiction of the court below. by the act of july 4, 1884, 23 stat. 73, c. 179, congress granted the right of way through the indian territory to the southern kansas railway company. the act defined the route and the extent of the right of way; provided for compensation for ..... amount in controversy and without distinction as to citizenship of the parties, over all controversies arising between the southern kansas railway company and the inhabitants of the indian nations and tribes through whose territory that railway is constructed. this was a motion "to dismiss the writ of error herein, because the court has no jurisdiction ..... the opinion of the court. briscoe brought suit, as an inhabitant of the chickasaw nation, indian territory, in the district court of the united states for the western district of arkansas, against the southern kansas railway company to recover damages for the wrongful killing of certain livestock by one of the defendant's trains .....
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..... that patrick shall be decreed to hold the lands for their benefit. the facts of the case, briefly stated, are as follows: sophia felix, a half-breed indian, was entitled under an act of congress of july 17, 1854, 10 stat. 304, c, 83, to certain scrip which might be located upon any unoccupied land subject to preemption or private ..... were, in substance, as follows: 1. that in 1854, sophia felix, being a half-breed of the sioux or dakota nation of indians, residing in minnesota under the treaty of july 15, 1830, and the act of congress of july 17, 1854, was entitled to have issued to her scrip for the location of 480 acres of land, as provided ..... must necessarily be left blank. had the notary who took the acknowledgment observed these blanks, be would doubtless have declined to act until they were filled out, particularly in view of the fact that the grantors were indians and the scheme a palpable device to evade the law against the assignment of the scrip. it is pertinent in this connection .....
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..... ) u.s. supreme court morley v. lake shore & mich. sou. ry. co., 146 u.s. 162 (1892) morley v. lake shore and michigan southern railway company no. 1 argued october 14, 17, 1892 decided november 14, 1892 146 u.s. 162 error to the court of appeals of the state of new york syllabus ..... produced tending to show that, after the commencement of the same, the said company was, with various other companies, merged or consolidated into the lake shore and michigan southern railway company, the present defendant in error. upon this evidence, the consolidated company was permitted to be brought in as defendant by supplemental complaint. in pursuance ..... of this complaint, after a trial at special term, the supreme court, on motion, decreed that the railroad company should specifically perform all and every act and acts .....
Tag this Judgment!Court : US Supreme Court
..... and in support of this view cite the language of the court used to show that the conductor of a railway company, exercising certain authority, represents the company, and therefore for injuries resulting from his negligent acts the company was responsible, and the statement that the case required no further decision. clearly it did not require any further ..... road somewhere between them and bellaire, and yet, with this knowledge, and without protest, he voluntarily rode on the engine with the engineer. hammond v. railway company, 83 mich. 334; railway company v. leach, 41 ohio st. 388; wescott v. railroad co., 153 mass. 460. in the first of these cases the party injured was a ..... , for injuries resulting from his negligent acts, the company is responsible. if such a conductor does not represent the company, then the train is operated without any representative of its owner. if, now, we apply these views of the relation of the conductor of a railway train to the company and to the page 149 u. s .....
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..... s. 640 appeal from the supreme court of the territory of dakota syllabus in computing the time during which the alienation of public land acquired by an indian under the provisions of 16 of the act of march 3, 1875, c. 131, 18 stat. 402, is forbidden, the day of the issue of the patent should be included. this ..... mr. chief justice fuller, after stating the facts in the foregoing language, delivered the opinion of the court. by section 15 of the act of march 3, 1875, 18 stat. 402, c. 131, any indian born in the united states who was the head of a family or who had arrived at the age of twenty-one years, and who ..... , on making satisfactory proof of such abandonment, entitled to the benefits of the act entitled "an act to secure homesteads to actual settlers on the public domain," approved may 20, 1862, and acts amendatory thereof, " provided however that the title to lands acquired by any indian by virtue hereof shall not be subject to alienation or encumbrance either by voluntary conveyance .....
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..... containing a greater area, only so much land within the outboundaries as was necessary to cover the specific quantity granted was excluded from the grant to the railroad companies. indeed, the cases in which these rules have been applied to lands reserved for any purpose whatever are too numerous even to require citation. in this case, ..... not subject to entry at the land office. so in leavenworth, lawrence &c.; page 148 u. s. 310 railway v. united states, 92 u. s. 733 , the doctrine of the former case was reaffirmed and held to apply to indian reservations. and in newhall v. sanger, 92 u. s. 761 , lands within the boundaries of an alleged mexican ..... land within the exterior boundaries as measured in the expediente, claiming title thereto; "that the report of the said surveyor general upon said grant has never been finally acted upon by congress, and that said claim and said report are still pending before congress." upon proof of the foregoing facts, we think it clear that defendant .....
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..... congress of july 4, 1884, 23 stat. 73, c. 179, granting the right of way to the southern kansas railway company, whose successor in interest was the atchison, topeka & santa fe railroad company. this act, by section 2, granted a right of way, and also provided that the land taken therefor should be used only for the construction and ..... laws of the united states. that during the years 1888 and 1889, the atchison, topeka & santa fe railroad company was engaged in operating a railroad through the indian territory, having a right of way therein granted by treaty with the indians and acts of congress. that during those years, he was employed as a section hand by said ..... fact that on this right of way were many persons properly and legally there. it must also have known that many other persons were rightfully in the territory -- indian agents, deputy marshals, mail carriers, and many others -- and if it intended that these parties, thus rightfully within the territory on the day named, should have .....
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..... embraced and of lands set apart for the use of indians until such right should be extinguished by appropriate legislation. by the act of duly 26, 1866, c. 270, 14 stat. 289, granting a right of way to the company subsequently known as the missouri, kansas and texas railway company across the public lands in the state of kansas, the ..... the act of congress, july 26, 1866, or upon the construction of the road, and, so far as the present case is concerned, it does not matter which date be taken. the united states had the right to authorize the construction of the road of the missouri, kansas and texas railway company through the reservation of the osage indians, ..... and to grant absolutely the fee of the two hundred feet as a right of way to the company. though the lands of the indians were reserved by treaty for their occupation, the fee was always under the .....
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..... the construction of a bridge across the hudson river between the states of new york and new jersey, is constitutional. this was a petition by the north river bridge company, incorporated by the act of congress of july 11, 1890, c. 669 (the material part of which is copied in the margin * ) for the page 153 u. s. 526 ..... the state in which the lands lie. van brocklin v. tennessee, 117 u. s. 151 , 117 u. s. 154 , and cases cited; cherokee nation v. kansas railway, 135 u. s. 641 , 135 u. s. 656 . from these premises, the conclusion appears to be inevitable that although congress may, if it sees fit, and as it ..... all kinds and descriptions, and its franchise to be a corporation. and generally and specially for the fully carrying out of the purposes and intentions of this act, the said north river bridge company and its successors shall have and possess all such rights and powers to enter upon lands, and for the purchase, acquisition, condemnation, appropriation, occupation, possession and .....
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