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MONTANA RAILWAY CO. v. WARREN

No. 80.

137 U.S. 348 (1890)

11 S.Ct. 96

34 L.Ed. 681

MONTANA RAILWAY COMPANY, v. WARREN.

Supreme Court of United States.

Decided December 8, 1890.

Attorney(s) appearing for the Case

Mr. John F. Dillon, (with whom was Mr. Harry Hubbard on the brief,) for plaintiff in error.

Mr. S.S. Burdett for defendants in error.

MR. JUSTICE BREWER delivered the opinion of the court.

The plaintiff in error desiring to construct its railroad through a tract of land belonging to the defendants in error, the same being a mining claim known as the Nipper Lode, situated in Silver Bow County, Montana Territory, took appropriate proceedings for the condemnation of a right of way. The appraisers assessed the damages at $1552. From such appraisement the defendants appealed to the District Court; and...

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