Stillman v. Northern Pacific, Fergus & Black Hills Railroad
Supreme Court of Minnesota
Action to recover possession (with damages) of a strip of land in Otter Tail county, upon which the defendant, without taking proceedings to condemn, bad built and for more than a year operated its railroad. In its answer the defendant admitted the taking, and (pursuant to Gen. St. 1878, c. 34, § 34) averred its readiness to pay compensation for the land, to be ascertained by the jury upon the trial.
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Action to recover possession (with damages) of a strip of land in Otter Tail county, upon which the defendant, without taking proceedings to condemn, bad built and for more than a year operated its railroad. In its answer the defendant admitted the taking, and (pursuant to Gen. St. 1878, c. 34, § 34) averred its readiness to pay compensation for the land, to be ascertained by the jury upon the trial. The action was tried by Collins, J., and a jury, and plaintiff’s compensation was assessed. Defendant appeals from an order refusing a new trial.
1Opinion of the CourtDickinson, J.
The issue to which the alleged errors relate was as to the amount of compensation to be allowed to the plaintiff, as the owner of a tract of farming land, on account of the taking by the defendant of a strip through the same for its line of road. Several witnesses were asked, on the part of the plaintiff, to give their opinions as to how much the value of the property had been diminished by reason of the locating of the railroad across it, taking into consideration, among other things, the danger from fire. To such questions objections were made, upon the grounds that the evidence so sought…
2Cases cited5 opinions
- Wood v. WeimarSupreme Court of the United States · 1881
- Bryant v. LordSupreme Court of Minnesota · 1872
- Daly v. . ByrneNew York Court of Appeals · 1879
- Le Clair v. First Division of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1873
- Bryan v. FarnsworthSupreme Court of Minnesota · 1872
3Cited by5 opinions
- St. Louis, El Reno & Western Railway Co. v. OliverSupreme Court of Oklahoma · 1906
- Graves v. BonnessSupreme Court of Minnesota · 1906
- Hildebrand v. United ArtisansOregon Supreme Court · 1907
- Nelson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1886
- McDonald v. PeacockSupreme Court of Minnesota · 1887