Morin v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
Defendant’s railway crosses the farm of plaintiff, who brought this action in the district court for Sherburne county, to eject defendant .and recover for the use and occupation of that portion of his farm on • which the railroad is situated.
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Defendant’s railway crosses the farm of plaintiff, who brought this action in the district court for Sherburne county, to eject defendant .and recover for the use and occupation of that portion of his farm on • which the railroad is situated. Defendant answered, denying plaintiff’s title, setting up occupation for more than twenty years, and asking to be allowed to condemn in case plaintiff established his title,. The action was tried before McKelvy, J., and a jury, and plaintiff had a verdict, as stated in the opinion. Defendant appeals from an ■order refusing a new trial. cited Garli v.…
1Opinion of the Court
Vanderburgh, J.*
Years ago the defendant laid out, built, and has since operated its line of railroad through the tract of land in question, which for upwards of one year prior to this action was possessed and claimed to be owned by plaintiff. Defendant has never acquired any right to the occupation of the land by purchase or otherwise, and its plea of a prescriptive right is unsupported by the evidence. The corporation denies, in its answer, plaintiff’s title to the strip of land appropriated by it, and, in pursuance of the statute, in order to secure a permanent right of way, prays that, in…
2Cases cited4 opinions
- Cobb v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Lyon v. Green Bay & Minnesota Railway Co.Wisconsin Supreme Court · 1877
- County of Blue Earth v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1881
- Gilman v. Van BruntSupreme Court of Minnesota · 1882
3Cited by7 opinions
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- San Antonio & Aransas Pass Railway Co. v. RubyTexas Supreme Court · 1891
- Erceg v. Fairbanks Exploration Co.Court of Appeals for the Ninth Circuit · 1938
- Mantorville Railway & Transfer Co. v. Teunis SlingerlandSupreme Court of Minnesota · 1907
- Distler v. Grays Harbor & Puget Sound Railway Co.Washington Supreme Court · 1913
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