Grimes v. Minneapolis, St. Paul, Rochester & Dubuque Electric Traction Co.
Supreme Court of Minnesota
Action in the district court for Rice county to recover $3,000 foi breach of contract. The defendant in its answer specifically denied that defendant agreed to build or maintain a station upon plaintiffs land for the receipt and discharge of freight and passengers.
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Action in the district court for Rice county to recover $3,000 foi breach of contract. The defendant in its answer specifically denied that defendant agreed to build or maintain a station upon plaintiffs land for the receipt and discharge of freight and passengers. The case was tried before Childress, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $1,200. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied. From the order denying its motion for a new trial, defendant appealed.
1Opinion of the Court
Taylor, C.
Plaintiffs alleged that they were the owners of a farm of 120 acres; that they conveyed to defendant a right of way across the same for defendant’s electric railroad track; that as the consideration for such conveyance defendant agreed to construct and establish a station upon plaintiffs’ land for the receipt and discharge of freight and passengers as soon as the road was in operation; that defendant constructed its railway across the land and began to operate it on December 1,1910, but has ever since failed and refused to establish such station; that if such station had been…
2Cases cited11 opinions
- Blagen v. ThompsonOregon Supreme Court · 1892
- Louisville, New Albany & Chicago Railway Co. v. SumnerIndiana Supreme Court · 1886
- ECKINGTON AND SOLDIERS' HOME RAILWAY CO. v. McDEVITTSupreme Court of the United States · 1903
- Atlanta & West Point Railroad v. CampSupreme Court of Georgia · 1908
- Mobile & Montgomery Railway Co. v. GilmerSupreme Court of Alabama · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Krippner v. MatzSupreme Court of Minnesota · 1939
- Rice v. New York Life Insurance Co.Supreme Court of Minnesota · 1940
- Larson v. Lakeview Lofts, LLCCourt of Appeals of Minnesota · 2011