Minneapolis & St. Paul Suburban Railway Co. v. Manitou Forest Syndicate
Supreme Court of Minnesota
Petition in the district court for Plennepin county for the appointment of commissioners to condemn certain lands for a right of way. The hearing was held before Simpson, Brooks, John Day Smith, and Fred V. Brown, JJ., who denied the petition. From the order denying the petition, petitioner appealed. The Century Dictionary defines “street railroad” as a railroad constructed upon the surface of a public street in towns and cities.
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Petition in the district court for Plennepin county for the appointment of commissioners to condemn certain lands for a right of way. The hearing was held before Simpson, Brooks, John Day Smith, and Fred V. Brown, JJ., who denied the petition. From the order denying the petition, petitioner appealed. The Century Dictionary defines “street railroad” as a railroad constructed upon the surface of a public street in towns and cities. The essential feature of a street railway is that it is an aid of the ordinary use of the street. That it is not an additional servitude upon the land adjoining the…
1Opinion of the CourtLewis, J.
Appellant company, claiming to be organized under the provisions of title 1, c. 34, G. S. 1894, commenced this proceeding in the district court of Hennepin county for the purpose of condemning, in part, certain lánds for a right of way within the corporate limits of the villages of Tonka Bay and Excelsior, in order to extend its line from Excelsior to Birch Bluff, on Rake Minnetonka.
The district court denied the application upon the following ground:
“It appearing that some of the lands and tracts of grounds sought to be acquired by said petitioner through these condemnation proceedings are…
2Cases cited11 opinions
- State ex rel. Clapp v. Minnesota Thresher Manufacturing Co.Supreme Court of Minnesota · 1889
- Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
- Funk v. St. Paul City Railway Co.Supreme Court of Minnesota · 1895
- Harvey v. Aurora & Geneva Railway Co.Illinois Supreme Court · 1898
- Carli v. Stillwater Street Railway & Transfer Co.Supreme Court of Minnesota · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Chesapeake & Ohio Railway Co. v. HewinSupreme Court of Virginia · 1929
- City of International Falls v. Minnesota, Dakota & Western Railway Co.Supreme Court of Minnesota · 1912
- Duluth Terminal Railway Co. v. City of DuluthSupreme Court of Minnesota · 1911
- Village of Excelsior v. Minneapolis & St. Paul Suburban Railway Co.Supreme Court of Minnesota · 1909
- State ex rel. Tyrrell v. Lincoln Traction Co.Nebraska Supreme Court · 1912
7 more not listed; retrieve them via the Exa API.