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Donahue v. Lake Superior Ship Canal &c. Co., 155 U.S. 386 (1894)

Donahue v. Lake Superior Ship Canal, Railway and Iron Company

No. 51

Argued November 2, 5, 1894

Decided December 10, 1894

155 U.S. 386


This case is governed by the rule laid down in Lake Superior Canal &c. Co. v. Cunningham, ante, 155 U. S. 354, but, as the land in controversy is near the crossing of two lines that had received separate grants, it is further subject to the rule that where two lines of road are aided by land grants made by the same act, and the lines of those roads cross or intersect, the lands within the "place" limits of both at the crossing or intersection do not pass to either company in preference to the other, no matter which line may be first located, or built, but pass in equal undivided moieties to each.

The case is stated in the opinion.

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