Great Northern Ry. Co. v. Town of Viborg

Citations

• 17 S.D. 374
• 97 N.W. 6
• 1903 S.D. LEXIS 62

Syllabus

<p>1. The rule that a highway cannot be established by prescription as against the government does not apply to any of the land_ within the , grant by Act Cong. July 26, 1866, c. 263, 14 Stat. 253, of the right to construct highways over public lands.</p> <p>2. The right to use a section line highway is not taken away at the point of intersection by construction of a railroad track across it.</p> <p>3. Interest in the fee of a highway where a railroad crosses it is not given the railroad company, by its construction of an overhead crossing at one side thereof, and temporary use thereof by the public, so as to entitle the railroad company to compensation for the placing of a street by a town along such highway over the tracks.</p> <p>4. The right of the public to use a section line highway is not impaired by incorporation of a town according to a plat, a street on which departed from the highway where it crossed a railroad.</p>