Town of Lyle v. Chicago, Milwaukee & St. Paul Ry. Co.
Supreme Court of Minnesota
Appeal by defendant, the Chicago, Milwaukee & St. Paul Railway Company, from an order of the District Court of Mower County, John Q. Farmer, J., made December 30,1892, denying its motion for a new trial.
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Appeal by defendant, the Chicago, Milwaukee & St. Paul Railway Company, from an order of the District Court of Mower County, John Q. Farmer, J., made December 30,1892, denying its motion for a new trial. On June 15, 1875, a petition was presented to the Board of Supervisors of the Township of Lyle in Mower County, asking them to lay out a highway on the line between sections two (2) and eleven (11), Township 101, Range 18. The railroad of the defendant ran north and south across this line near the eastern line of the two sections. It owned a right of way one hundred (100) feet wide. It was…
1Opinion of the CourtMitohell, J.
This action was brought under Laws 1889, ch. 222, to recover damages for defendant’s neglect to build a highway crossing.
The defendant rests its defense on two propositions: First, that ■there was no highway across its railroad at the point named; second, that the statute referred to is, as applied to the alleged highway, unconstitutional. We find it necessary to consider only the first.
The highway is claimed to have been laid out by the town supervisors in 1875. The law then in force regulating such proceedings was Laws 1873, ch. 5, as amended by Laws 1875, ch. 35, which, as subsequently…
2Cited by7 opinions
- Knoblauch v. City of MinneapolisSupreme Court of Minnesota · 1894
- Kieckenapp v. SupervisorsSupreme Court of Minnesota · 1896
- Great Northern Railway Co. v. City of MinneapolisSupreme Court of Minnesota · 1917
- Town of Rost v. O'ConnorSupreme Court of Minnesota · 1920
- Town of Tyrone v. BurnsSupreme Court of Minnesota · 1907
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