CHICAGO, R.I. & P. RY. CO. V. MCGLINN, 114 U. S. 542 (1885)

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U.S. Supreme Court

Chicago, R.I. & P. Ry. Co. v. McGlinn, 114 U.S. 542 (1885)

Chicago, Rock Island and Pacific Railway Company v. McGlinn

Argued April 17, 1885

Decided May 4, 1885

114 U.S. 542


Fort Leavenworth v. Lowe, ante, 525, affirmed and applied to this case.

The general principle that when political jurisdiction and legislative power over a territory are transferred from one sovereign to another, the municipal laws of the territory continue in force until abrogated by the new sovereign is applicable -- as to territory owned by the United States, the exclusive jurisdiction of which is ceded to them by a state in a manner not provided for by the Constitution -- to so much thereof as is not used by the United States for its forts, buildings and other needful public purposes.

The State of Kansas ceded to the United States exclusive jurisdiction over the

Page 114 U. S. 543

Fort Leavenworth Military Reservation within that state, then and previously the property of the United States. At the time of the cession, a state law was in force in Kansas requiring railroad companies whose road was not enclosed by a lawful fence to pay to the owners of all animals killed or wounded by the engines or cars of the companies the full value of the animals killed and the full damage to those wounded, whether the killing or wounding was caused by negligence or not. Held that this act remained in force in the reservation after the cession.

This was an action brought by the defendant in error as plaintiff, to recover the value of a cow killed by the engine and cars of the plaintiff in error. Judgment for the plaintiff, which was affirmed by the supreme court. The facts which raise the federal question are stated in the opinion of the Court.

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