St. Paul, Minneapolis & Manitoba Railway Co. v. City of Minneapolis
Supreme Court of Minnesota
, Action brought in .the district court for Hennepin county, to vacate proceedings for laying out a street or road known as Como Avenue across the plaintiff’s roadway, and to enjoin the use of the same by defendant as a public highway. Appeal by plaintiff from an order refusing a new trial, after a trial before Hicks, J., and judgment directed for defendant.
1Opinion of the CourtVanderbubgh, J.
This action involves the legal validity as a public highway of a travelled road or street which crosses the right of way and track of the plaintiff at the place designated in the complaint, the line and location of which are therein particularly described. The route of this road or street at and on each side of the crossing, as now used and travelled by the public, had been so used and travelled prior to the year 1870, during which year an attempt *150was made to lay out, and make the same a part of, a state road from St. Paul to St. Anthony, pursuant to an act of the legislature; and a plat and…
2Cases cited3 opinions
- Morse v. ZeizeSupreme Court of Minnesota · 1885
- Ellsworth v. LordSupreme Court of Minnesota · 1889
- Skjeggerud v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1887
3Cited by3 opinions
- Keiter v. BergeSupreme Court of Minnesota · 1945
- Bamberger Electric R. v. Public Utilities CommissionUtah Supreme Court · 1922
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. ErvingtonIndiana Court of Appeals · 1915