Hursh v. First Division of the St. Paul & Pacific Railroad
Supreme Court of Minnesota
This action was commenced in tbe district court for Hennepin county. The plaintiff m ms complaint alleges that on the first of N ovember, 1866, tbe defendant wrongfully entered upon plaintiff’s land, described in the complaint, and took possession of a strip thereof one hundred and sixty rods in length by one hundred and thirty-nine feet in width; that defendant cut down and carried away the trees growing upon the land so taken by it, and constructed upon said land its…
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This action was commenced in tbe district court for Hennepin county. The plaintiff m ms complaint alleges that on the first of N ovember, 1866, tbe defendant wrongfully entered upon plaintiff’s land, described in the complaint, and took possession of a strip thereof one hundred and sixty rods in length by one hundred and thirty-nine feet in width; that defendant cut down and carried away the trees growing upon the land so taken by it, and constructed upon said land its railroad, which it has since, for more than two years, continued to operate, depriving the plaintiff of the possession, use…
1Opinion of the Court
By the Court.
Ripley, Cii. J.
The motion for leave to file the supplemental answer was rightly denied.
By sec. 3 of the defendant’s charter, (Laws of 1857, Extra Session, p. 3,) it may enter upon lands for the purpose of making surveys, and for the right of way, and may appropriate to its sole use and •control for its purposes as a railroad, land not exceeding two hundred feet in width throughout its line, and enter upon, and take possession of and use any lands *443beyond that width for depot, stations, station grounds and houses, and various other purposes specified and necessarily incident to the…
2Cases cited4 opinions
- Carli v. Stillwater & Saint Paul RailroadSupreme Court of Minnesota · 1871
- Gray v. First Division of the St. Paul & Pacific R. R.Supreme Court of Minnesota · 1868
- Winona & St. Peter Railroad v. DenmanSupreme Court of Minnesota · 1865
- Wilkin v. First Division of the St. Paul & Pacific R. R.Supreme Court of Minnesota · 1871
3Cited by8 opinions
- Warren v. First Division of St. Paul & Pacific RailroadSupreme Court of Minnesota · 1875
- Kramer v. GardnerSupreme Court of Minnesota · 1908
- Greve v. First Division of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1879
- Sherwood v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1874
- Simmons v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1872
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