Schroeder v. De Graff
Supreme Court of Minnesota
Appeal by defendants, De Graff and William Crooks, surviving partners of the firm of De Graff & Co., from an order of the district court for Stearns county, McKelvy, J., presiding, refusing a new trial. • The trespass complained of was committed by De Graff & Co., about the year 1872, in entering upon and constructing across the land of plaintiff the railroad of the defendant, the First Division of the St. Paul & Pacific Railroad Company.
1Opinion of the CourtGilfillan, C. J.
Action for trespass upon real estate constituting a farm, by entering upon and constructing a railroad across it, without having secured the right to do so by ascertaining and paying *300compensation to the owner, this plaintiff. The measure of damages recoverable in such a case is usually the difference in the value of the farm had the trespass not been committed, and its value with the injurious acts accomplished. The court below, against the defendants’ objection, admitted evidence to show how much the injury done depreciated the annual rental value of the farm. That was one way of showing the…
2Cases cited1 opinion
- Honsee v. HammondNew York Supreme Court · 1862
3Cited by3 opinions
- Jacksonville, Tampa & Key West Railway Co. v. AdamsSupreme Court of Florida · 1891
- Atchison, Topeka & Santa Fé Railroad v. MorganSupreme Court of Kansas · 1889
- Mehl v. NortonSupreme Court of Minnesota · 1937