Radke v. Winona & St. Peter Railroad
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Brown county, to recover possession of a strip of land 100 feet in width across section 16, township 110„in that county, occupied and used by defendant for its railway, together with damages for the withholding of possession by defendant. The defendant, which has succeeded to the rights, etc., of the Transit Eailroad Co., pleaded the statutes mentioned in the opinion.
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Plaintiff brought this action in the district court for Brown county, to recover possession of a strip of land 100 feet in width across section 16, township 110„in that county, occupied and used by defendant for its railway, together with damages for the withholding of possession by defendant. The defendant, which has succeeded to the rights, etc., of the Transit Eailroad Co., pleaded the statutes mentioned in the opinion. At the trial, before Webber, J., it appeared that the quarter-section was sold by the state and certificates issued to plaintiff’s grantors on October 19, 1868, on which a…
1Opinion of the CourtCollins, J.
In the case of Simonson v. Thompson, 25 Minn. 450, this court declared that the act of congress of March 3, 1857, commonly known as the “Land-Grant Act,” granted a right of way for railroad purposes over and across the even-numbered sections of land, in addition to an absolute grant of each odd-numbered section, (within certain limits,) although there was no express grant of such right of way. It must be presumed, said the court, from the general purposes of the act, that it was the intention of congress to vest whatever might be necessary to speed the construction of the railways, and not…
2Cases cited5 opinions
- Railroad Co. v. BaldwinSupreme Court of the United States · 1881
- Railway Co. v. AllingSupreme Court of the United States · 1879
- Coleman v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1888
- Simonson v. ThompsonSupreme Court of Minnesota · 1879
- Winona & St. Peter Railroad v. RandallSupreme Court of Minnesota · 1882
3Cited by3 opinions
- Southern California Railway Co. v. O'DonnellCalifornia Court of Appeal · 1906
- Lawver v. Great Northern Railway Co.Supreme Court of Minnesota · 1910
- Tuttle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1895