Washington & Idaho Railroad v. Osborn

Citations

• 160 U.S. 103
• 16 S. Ct. 219
• 40 L. Ed. 356
• 1895 U.S. LEXIS 2347

Syllabus

<p>A railroad company whose road is laid out so as, under the provisions of the act of March 3,1875, 18 Stat. 182, entitled “An act granting to railroads the right of way through the public lands of the United States,” to cross a part of such public unsurveyed domain, cannot take part thereof in the actual possession and occupation of a settler, who is entitled to claim a preemption right thereto when the proper time shall come, and who has made improvements on the land so occupied by him, without making proper compensation therefor as may be provided by law.</p>