§ 40-254 the burden of proof at the trial rested upon Southern Pacific to show by clear and satisfactory evidence that the order of . Southern Pacific Railroad Company records By the third section of said act there was granted to said company ten alternate, odd-numbered sections of land per mile on each side of its railroad, with right to indemnity by selecting certain other lands within given limits in cases where any of the lauds granted bad been Rio Virgin County, Utah Genealogy • FamilySearch A. Southern Pacific Co. v. ArizonaBrief. Date: 09-19-2009 Case Style: Carla M. Clark, et al. Co. (1961) 188 Cal. This issue is controlled by Arizona law. Mexican War. The Tenth Circuit agreed with this, but in 1957, the high court ruled in U.S. v. Union Pacific Railroad Co. that while the pre-1871 acts entitled the railroad to full use of the surface, the . On the 17th of December, 1877, the said Southern Pacific Railroad Company, and other railroad corporations then existing under the laws of California, were legally consolidated, and a new corporation thereby formed under the name of the Southern Pacific Railroad Company, the present defendant in error, 59.30 miles of whose road is in Santa . No. Southern [217 Cal. A&P received fee simple title pursuant to the railroad land grant statute, and that title included subsequently discovered minerals. 292), shall not be included as irrigable acreage within the Reservation and that the above specified diversion requirement shall be reduced by 6.4 acre-feet per acre of such land that is irrigable; provided that the quantities fixed in this Find many great new & used options and get the best deals for 1929 Southern Pacific RR advertisement, Apache Land, Indian Native American at the best online prices at eBay! Weighing the interests and determining the extent of the burden in fact Anschutz acquires Qwest Communications and . 1877: Southern Pacific tracks from Los Angeles cross the Colorado River at Yuma, Arizona. The only issue involved is whether Southern Pacific owed Delgado a duty to prevent him from boarding Southern Pacific's train. Co., 234 U.S. 669 (1914); Diamond Coal & Coke Co. v. United States, 233 U.S. 236, 239-40 (1914). Definition. Rptr. (page 463) Term. As stated by Chief Justice Marshall in Johnson v. M'Intosh, supra, 8 Wheat. Atlantic & Pacific (Santa Fe) railroad crosses northern Arizona. Southern Pacific argues that, as a matter of law, the trial court erred in eliminating a foreseeability requirement before imposing strict liability for abnormally dangerous activity. Courts 28 interpreting Arizona law have uniformly found that those on the railroad cars or tracks -3- 1 without permission from the railroad are trespassers, and that the railroad does not owe them 2 a duty of care. All these factors created an environment for the settlement of migrants and explosion of employment in the Western United States that provided skilled job and educational opportunities for hundreds of thousands of families . Court of Appeals of Arizona, Division 2, Department A. PELANDER, Presiding Judge. The maps reflect a change in the function of the freight house, as it was now called a "station." Apparently, land in this part of California in the late nineteenth century was considered "cheap" at $1.25 McDONNELL v. SOUTHERN PACIFIC COMPANY. 907, 58 L.Ed. Map showing portions of Arizona and New Mexico indicating land grants on either side of the right of way of the railroad. That patent contained a clause to the effect that if any of the lands should be found to be mineral, the same . The Southern Pacific Railroad Locomotive No. Southern Pacific Railroad Company v. United States Call Number/Physical Location Call Number: KF101 . 249 U.S. 472. The appellants, plaintiffs below, filed suit to quiet title to land in the townsite of Toltec, Arizona, against Southern Pacific Company, a Kentucky corporation, Southern Pacific Company, a Delaware corporation, and Southern Pacific Railroad Company, a Delaware corporation. It sought to recover these penalties from Southern Pacific Co., but the trial court made detailed factual findings that led it to conclude that Southern Pacific was not liable because the law violated . Incorporated: 1884 as Southern Pacific Company of Kentucky Employees: 21,477 Sales: $2.47 billion Company History: The venerable Southern Pacific railroad operates a core route of 7,500 miles of railway in 14 of the western United States, its territory forming a broad crescent from Portland, Oregon . 575].) 2d 866, 869 [345 P.2d 326].) 1995: With Edward Roski, Jr., Anschutz purchases the Los Angeles Kings hockey team. 1915, 1945 U.S. Brief Fact Summary. It was created by Utah, but mostly covered land outside of Utah. The last action for this patent occurred on April 7, 1900. The Southern Pacific Railroad (combined with other railroads) was part of the second, third, and fourth railroads to offer "transcontinental" service in the United States and Canada. after the arrival of the Southern Pacific Railroad in March 1880. § 40-254 and the court permitted Tucson to intervene in defense of the Commission's order. Arizona imposed a monetary penalty on railroad companies that operated trains within the state of more than 14 passenger cars or 70 freight cars. at page 104, 30 L.Ed. Keife admitted that he did not own the land underlying the railroad right-of-way. Nevada and Arizona also laid claim to the same land. 5. William Hooper & Company con-structed a liquor warehouse and the Southern Pa-cific Railroad an icehouse. 015159 1906 Apr. 1888. In 1886, the U.S. Supreme Court ruled against Santa Clara County in Santa Clara County v. Southern Pacific Railroad. 1907 The Southern Pacific Railroad completes a rock, gravel and clay levee to repair the damaged second Colorado River aqueduct. Co., 584 F.2d 900 (9th Cir. See, e.g., Delgado v. Statistics: Wholly Owned Subsidiary of Rio Grande Industries, Inc., through SPTC Holding, Inc. Decided April 14, 1919. Citation359 U.S. 532; 79 S. Ct. 1136;3 L. Ed. §§ 51 through 60, defendant/appellant Southern Pacific Transportation Company (SP) appeals from a judgment entered on a jury verdict in favor of plaintiff . George Freeth (1883-1919) George Freeth brings surfing to Southern . water-stations, was granted to the Southern Pacific Railroad Company. The Law and Water for Farmers, Miners, and Eventually Cities. Transp. By 1900, the Southern Pacific Company had grown into a . of land and location of structures adjacent to railroad lines, and nearby geographic features. Arizona passed state law limiting the number of rail-cars an individual train engine could operate Arizona claimed it was exercising its police powers and this was a safety measure Southern Pacific was fined for violating the act, and after losing in state court, appealed to the Supreme Court One of Southern Pacific's arguments was that the . Southern Pacific Co. v. Arizona, 249 U.S. 472 (1919) Southern Pacific Co. v. Arizona. See Burke v. Southern Pacific R.R. Copper replaces gold and silver in economic importance in Arizona. Opinion for Burke v. Southern Pacific R. Co., 234 U.S. 669, 34 S. Ct. 907, 58 L. Ed. Under subdivision E of A.R.S. 1978). 1988: Anschutz purchases Southern Pacific, merging it with the Rio Grande. Controversial war with Mexico for control of California and New Mexico, 1846-1848; the Treaty of Guadalupe Hidalgo fixed the border at the Rio Grande and extended the United States to the Pacific coast, annexing more than a half-million square miles of Mexican territory. The parties do not dispute that Delgado was a trespasser on Southern Pacific's train. The relevant history begins in the mid-1950's. At that time, the railroad and Southern Pacific Pipelines, Inc.-the predecessor of Santa Fe-were sister subsidiaries of Southern Pacific Corporation. Citation325 U.S. 761, 65 S. Ct. 1515, 89 L. Ed. 5762.Supreme Court of Arizona. Allard Cattle Co. v. COLORADO & SOUTHERN RAILWAY CO., 516 P.2d 123 (Colo. Ct. App. 1883. In the early 1980s, Southern Pacific Railroad changed the name of its fiber optic division to 72-202. 681, 'the exclusive right of the United States to extinguish' Indian title has never been doubted. The case arose when several railroads refused to . the 1970s, Southern Pacific Railroad was a pioneer in bringing about one of the first fiber optic lines on their property, although laws at the time allowed only a single user and would not allow switches for multiple uses. The Hooper warehouse was converted into the Tucson Sampling Works, an ore assaying business, which operated from 1887 to 1901. 1879: Southern Pacific engineers experiment with the first oil-fired locomotives. The Sunset Route and scenic wonders of Arizona from El Paso, Texas to Los Angeles, Cal. Correa v. the Southern Pacific Railroad pursuant to the Act of July 27, 1866 (14 Stat. The Southern Pacific railroad lost many miles of track in several locations during that time. Nos. Ownership and use of this patent is overseen by the Bureau of Land Management's Palm Springs/South Coast Field Office under the serial number CACAAA 088492. Santa Clara County v. Southern Pacific Railroad Company, 118 U.S. 394 (1886), is a corporate law case of the United States Supreme Court concerning taxation of railroad properties. Subsequently, by the act of March 3, 1871, congress incorporated the Texas Pacific Railroad Company, with power to construct and maintain a continuous railroad and telegraph line from Marshall, in the state of Texas, to a point at or near El Paso, thence through New Mexico and Arizona to San Diego, pursuing, as near as might be, the thirty-second parallel of latitude. the land in question is located in navajo and coconino counties, arizona, and is within the indemnity limits of the land grant made to the atlantic and pacific railroad company by the act of july 27, 1866, 14 stat. Burke v. Southern Pacific Railroad Company. and turn so largely upon principles of general application to controversies arising out of the public land laws, including railroad land grants, that it seems the better course to consider them in a general way in connection with those principles, and then to come to the specific . Page 11 Ellis […] HOW BENSON GOT ITS NAME. History. It was the first railroad to connect Los Angeles to the rest of California and its lines extended as far as New Orleans. Report to the President by the Emergency Board appointed December 4, 1945 pursuant to section 10 of the Railway Labor Act : to investigate an unadjusted dispute between the Texas & New Orleans Railroad Company and Hospital Association of the Southern Pacific Lines in Texas and Louisiana and certain of its employees, represented by thirteen . Southern Pacific Company v. Arizona, 325 U.S. 761 (1945), was a United States Supreme Court case in which the Court held that the Arizona Train Limit Law of 1912, which prohibited passenger trains with more than fourteen cars and prohibited freight trains with more than seventy cars, placed an unconstitutional burden on interstate commerce. The Archives has a card index listing these maps by railroad and/or geographical location, with separate indexes for (1) alignments, (2) profiles, and (3) Allard Cattle Co. v. COLORADO & SOUTHERN RAILWAY CO., 516 P.2d 123 (Colo. Ct. App. 1991: Anschutz separates SP Telecom from Southern Pacific, retaining the right to lay fiber-optic cable along the railroad's rights-of-way. Logan purchased the right-of-way and the underlying land from Southern Pacific, Central Pacific's successor in interest. Desert Shores Railroad Land Grant is a 78,991.95-acre land patent in Riverside, California. 2d 1028; 1959 U.S. Brief Fact Summary. Limiting its southern extent is the International Boundary between the United States and Mexico. When the Southern Pacific Railroad came through southern Arizona in 1880, the town of Benson was founded. Abandoned Rails of Arizona AZ. 238 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. No. 279, 280. . San Francisco was becoming a major city of the Pacific Rim. 1527 (1914), an adverse claimant sued the railroad company which had received the land in controversy pursuant to a patent from the United States government. On that route, they held title to millions of acres of land near the tracks. The district court found that the right-of-way was conveyed as "a limited fee with the right of reverter." The Southern Pacific Railroad was founded in 1865 and was purchased in 1869 by Collis Huntington, Leland Stanford, Charles Crocker and Mark Hopkins, better known as the Big Four. 1527, 1914 U.S. LEXIS 1120 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. App. "The dangers of being near a . On that route, they held title to millions of acres of land near the tracks. The case is most notable for a headnote stating that the Equal Protection Clause of the Fourteenth Amendment grants constitutional protections to corporations.. * Cost $10 million and sold a strip of territory south of the Gila River, in what is now southern New Mexico and Arizona that was 30,000 square miles, about the size of Scotland * The land was used to build the Southern Pacific Railroad Pacific Company, asindicated by its map thereof filed in the general land office, or within 30 miles of the asserted definite location of the Texas Pacific Railroad from Yuma, by way of San Gorgonio Pass, to San Diego. No. Thegrantt6theSouthern Pacific Company was made by section 2:1 of the act entitled "An act fo incorporate the Texas,Pacific Railroad The new town, at a somewhat different location from that of the earlier stage town (Ohnesorgen Stage Station) was the rail shipping point for the booming new town of Tombstone to the south. 3d 301] Pacific Co. (1959) 174 Cal. The LAFR complex extends east-west between the communities of Ajo and Yuma, Arizona. Making Indian law : the Hualapai land case and the birth of ethnohistory by Christian W McMillen ( ); Arid domain; the Santa Fe Railway and its western land grant by William S Greever ( Book ); Land tenure problems in the Santa Fe railroad grant area by Sanford Alexander Mosk ( Book ) 1889. 41 Railroad Status In Service 238. A Southern Pacific advertisement urging the reader to ride the "finest, fastest train service" to "resort and guest ranch centers" in Arizona and California. App. The story of the Southern Pacific is a legacy rich with economic, transportation, political, legal, and engineering influence in America west of the Mississippi River. Opinion for State Ex Rel. On the seventeenth of December, 1877, the said Southern Pacific Railroad Company, and other railroad corporations then existing under the laws of California, were legally consolidated, and a new corporation thereby formed under the name of the Southern Pacific Railroad Company, the present defendant in error, 59.30 miles of whose road is in . Arizona Department of Transportation Multimodal Planning Division Transportation Analysis GIS Section (602) 712-7333 May, 2012 0 15 30 60 Miles Note: The State of Arizona makes no claims concerning the accuracy of this map nor assumes any liability resulting from the use of the information herein. Appeal from the Superior Court of Pinal County, Gordon Farley, J. The Southern Pacific Transportation Company (reporting mark SP), earlier Southern Pacific Railroad (1865-1885) and Southern Pacific Company (1885-1969), and usually simply called the Southern Pacific, was an American railroad.The railroad was founded as a land holding company in 1865, later acquiring the Central Pacific Railroad by lease. Its northern boundary is formed by the Gila River Valley, a mainline of the Southern Pacific Railroad, and U.S. Interstate Highway 8. Torres v. Southern Pac. WINDES, Justice. at page 586, 5 L.Ed. - Law Library . Rio Virgin (or Rio Virgen) was a former county of Utah Territory from 1869 to 1872. 1 UP no. (page 505) Definition. With the Gadsden Purchase, the Southern Pacific Company was able to build a line from New Orleans, through Texas, to California, and up the Califonia coast. Settlers were attracted to nearby communities because the railroads provided access to markets. Northern Pacific Railroad, supra, 119 U.S. at page 66, 7 S.Ct. Southern Pacific R. R. v. Arizona, 325 U. S. 761 (1945). 330. Series of senatorial campaign debates in 1858 focusing on the issue of slavery in the territories; held in Illinois between Republican Abraham Lincoln, who made a national reputation for himself, and incumbent Democratic senator Stephen A. Douglas, who managed to hold on to his seat. 1673 is a standard gauge 2-6-0, Mogul type M-4 class, steam locomotive built in 1900 by Schenectady Locomotive Works.It had a brief starring role in the 1954 film Oklahoma, for which it was fitted with a diamond stack and other turn-of-the-century equipment and colors.It was also the star of Southern Pacific's 75th anniversary in Tucson, Arizona. v. Optical Coating Laboratory, Inc. and Union Pacific Railroad and the former Optical Coating Laboratory Inc. Case Number: Judge: Court: Superior Court, Sonoma County, California Plaintiff's Attorney: Defendant's Attorney: John Barg, Barg Coffin Lewis & Trapp, San Francisco, California, and Jonathan Polland for Defendant and Respondent Union . Many of these were housed in old railroad car bodies (Southern Pacific Railroad 1906/1919). Overflow Lands Act [9 Stat. Table Of Contents I Executive Summary II Introduction 1-2 III Cross-Border Bandits Ride Again 3-5 IV Narco-Gangs, Smugglers and Raiders 6-8 v Operation Gatekeeper 9-10 VI The Eastern San Diego County Corridor 11-14 VII Imperial County 15-16 VIII Mexican and U.S. Officials Compromised 17-18 IX Some of the Costs to U.S. and California Taxpayers 19-20 10 - 1908 June 11 Herman v. Southern Pacific Co., 445 P.2d 186, 8 Ariz. App. City of Phoenix incorporates; Southern Pacific Railroad crosses southern Arizona. 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