Northern Pacific Railway Co. v. Wadekamper

Citations

• 70 Wash. 392
• 126 P. 909
• 1912 Wash. LEXIS 1060

Syllabus

<p>Evidence — Judicial Notice — Act of Congress. Upon an Issue as to the title of the Northern Pacific right of way, the courts will take judicial notice of the Act of Congress of July 2, 1864, granting a right of way to the company over public lands.</p> <p>Public Lands — Grant to Railroad — Right of Way — Nature— Relation. Act of Congress of July 2, 1864, granting a right of way to the Northern Pacific Railroad Company over public lands is a grant in praesenti, taking effect by relation as of that date, upon definite location of the line, as against settlers acquiring public lands after the grant and before the location of the line.</p> <p>Stipulations — Construction—Public Lands — Railroad Grant— Definite Location of Line — Proof. A stipulation that the date of the “definite location” of the Northern Pacific Railroad Company was in 1884, implies a compliance with all the conditions precedent to a valid definite location, and dispenses with proof (1) that the company located the line, (2) gave notice to the land department, and (3) that the selection was approved.</p> <p>Same. In a stipulation relating to the Northern Pacific right of way, the use of the word “railway” for “railroad” is immaterial, where it was stipulated that the Northern Pacific Railway Company was the successor of the Northern Pacific Railroad Company.</p> <p>Railroads — Right of Way — Adverse Possession — Evidence—Sufficiency. Actual possession of a railroad right of way for use as a railroad and telephone line is sufficiently shown by the testimony of a construction foreman of telegraphs that the railroad and telegraph line had been located as at present since 1887, crossing the land in question, and that the telegraph line is about forty feet from the center of the main track.</p> <p>Railroads —Trespass — Injunction — Title and Possession of Plaintiff — Threats—Evidence—Sufficiency. Injunction will He to prevent trespass and protect possession of a railroad right of way actually used and in