Shero v. Carey
Supreme Court of Minnesota
Appeal by defendants from an order of the district court for Benton county, Collins, J., presiding, overruling a demurrer to the complaint. cited Baxter v. Winooski Turnpike Co., 22 Yt. 114, (52 Am. Dec. 84;) Park v. C. & S. W. R. Co., 43 Iowa, 636; Ewell v. Greenwood, 26 Iowa, 377; Hughes v. Heiser, 1 Binney, 463, (2 Am. Dec. 459;) Pittsburgh v. Scott, 1 Pa. St. 309; Chichester y. Lethbidge, Willes, 71; Stetson v. Faxon, 19 Pick. 147, (31 Am.
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Appeal by defendants from an order of the district court for Benton county, Collins, J., presiding, overruling a demurrer to the complaint. cited Baxter v. Winooski Turnpike Co., 22 Yt. 114, (52 Am. Dec. 84;) Park v. C. & S. W. R. Co., 43 Iowa, 636; Ewell v. Greenwood, 26 Iowa, 377; Hughes v. Heiser, 1 Binney, 463, (2 Am. Dec. 459;) Pittsburgh v. Scott, 1 Pa. St. 309; Chichester y. Lethbidge, Willes, 71; Stetson v. Faxon, 19 Pick. 147, (31 Am. Dee. 123;) Pierce v. Bart, 7 Cowen, 609; Iveson v. Moore, 1 Ld. Baym. 486; Francis v. Schoelkopf, 53 N. Y. 152.
1Opinion of the CourtDiceinson, J.
This is an appeal from an order overruling a demurrer to the complaint. The complaint alleges the existence of a public highway across the plaintiff’s farm, which is used as such, and a wrongful obstruction of it by the defendant at a point some distance away from the plaintiff’s land. The allegations in respect to the injury to the plaintiff are as follows: “That in consequence thereof this plaintiff suffers special damages; that he has occasion, by reason of his business, to make frequent trips from his said premises with teams, to and from the village of Sauk Rapids, in said Benton county,…
2Cases cited5 opinions
- Houck v. WachterCourt of Appeals of Maryland · 1871
- Shaubut v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1875
- Rochette v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1884
- Powers v. IrishMichigan Supreme Court · 1871
- Barnum v. Minnesota Transfer Railway Co.Supreme Court of Minnesota · 1885
3Cited by11 opinions
- Cicero Lumber Co. v. Town of CiceroIllinois Supreme Court · 1898
- Vacation of Part of Town of HibbingSupreme Court of Minnesota · 1925
- Aldrich v. WetmoreSupreme Court of Minnesota · 1893
- In re HullSupreme Court of Minnesota · 1925
- Husband v. CottonCourt of Appeals of Kentucky · 1916
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