Fairchild v. City of St. Paul
Supreme Court of Minnesota
Appeal by plaintiffs, H. S. Fairchild and Greenleaf Clark, from a judgment of the district court for Bamsey county, where the action (brought to recover $33,634.50 for quarrying and removing stone from plaintiffs’ premises and for other trespasses thereon) was tried by Kelly, J.
1Opinion of the CourtMitchell, J.
This was an action to recover damages for certain alleged acts of trespass in removing stone from the premises of the plaintiffs. The defendant justified the acts on the ground that it had acquired the title to the land for the purposes of a public street. The case was tried upon the theory that its decision de*542pended on the question whether or not- the city of St. Paul had acquired a title in fee, and by stipulation it was agreed that the court -should determine two questions, viz.: .First, had the defendant the power and right to condemn the fee of land for street purposes? .and, if so,…
2Cases cited6 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Milwaukee & St. Paul Railway Co. v. City of FaribaultSupreme Court of Minnesota · 1876
- Sweet v. Buffalo, New York & Philadelphia Railway Co.New York Court of Appeals · 1879
- Derosia v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1872
- Russell v. GilsonSupreme Court of Minnesota · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Minnesota Canal & Power Co. v. Koochiching Co.Supreme Court of Minnesota · 1906
- Hebert v. City of Fifty LakesSupreme Court of Minnesota · 2008
- City of Minneapolis v. WurteleSupreme Court of Minnesota · 1980
- Stewart v. Great Northern Railway Co.Supreme Court of Minnesota · 1896
- Brooks Investment Co. v. City of BloomingtonSupreme Court of Minnesota · 1975
25 more not listed; retrieve them via the Exa API.