Secomb v. Railroad Company,
90 U.S. 108 (1875)

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U.S. Supreme Court

Secomb v. Railroad Company, 90 U.S. 23 Wall. 108 108 (1875)

Secomb v. Railroad Company

90 U.S. (23 Wall.) 108



1. When the question is whether, under the constitution and laws of a particular state, a company professing to be a corporation is legally so, this Court will receive as conclusive of the question the decision of the highest court of the state deciding, in a case identical in principle, in favor of the corporate existence.

2. The taking of private property in order that a railroad may be made belongs to the class of things which in proper cases are to be regarded as public necessities.

Page 90 U. S. 109

3. The move of exercising the right of eminent domain, in the absence of any provision of organic law prescribing a contrary course, is within the discretion of the legislature. There is no limitation upon the power

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