Denver & Rio Grande Railroad v. Arizona & Colorado Railroad

Citations

• 233 U.S. 601
• 34 S. Ct. 691

Syllabus

<p>This court is slow to disturb the decision of the Supreme Court of a Territory in regard to matters of local practice and the construction of state statutes. Nadal v. May, ante, p. 447.</p> <p>While the’record of proceedings of a board of directors, when made, is the best evidence, if it is found that no record was . made, the admission of secondary evidence is not reversible error. Bank of the United States v. Dandridge, 12 Wheat. 64.</p> <p>This court sees no reason for reversing the Supreme Court of the Territory of New Mexico in holding that a railroad company was entitled under §§ 3850 and 3874, Compiled Laws, to protection as soon as its final location was completed.</p> <p>Under the circumstances of this case, the plaintiff railroad company was not guilty of laches in the location and protection of its right of way.</p> <p>A defendant railroad company acquires no new rights by going ahead with location and construction after a suit has been commenced by another company claiming a prior location.</p>