Aldrich v. Soucheray
Supreme Court of Minnesota
Aetion in the district court for Washington county to restrain defendants from maintaining fences across the easterly 15 feet of lot A in East Shore Park and from interfering with the lawful use of an easement thereon for a foot and bicycle path, and to restore the path to substantially the same condition in which it existed prior to the excavation of the same. The case was tried before Stolberg, J., who made findings and ordered judgment in favor of plaintiff.
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Aetion in the district court for Washington county to restrain defendants from maintaining fences across the easterly 15 feet of lot A in East Shore Park and from interfering with the lawful use of an easement thereon for a foot and bicycle path, and to restore the path to substantially the same condition in which it existed prior to the excavation of the same. The case was tried before Stolberg, J., who made findings and ordered judgment in favor of plaintiff. Defendants’ motions to amend the findings of fact and conclusions of law were denied. From the order denying their motion for a new…
1Opinion of the Court
Dibell, C.
This is an action for an injunction restraining the defendants from obstructing a right of way claimed by the plaintiff over their land. There *383were findings for the plaintiff. The defendants appeal from the order denying their motion for a new trial.
In 1901 the St. Paul Permanent Loan Company, the owner, platted as East Shore Park a tract of land extending some 1900 feet north and south along the east shore of White Bear Lake, a navigable body of water. A strip along the shore varying in width from 35 to 50 feet and extending the whole length of the plat, except for about 200 feet…
2Cases cited4 opinions
- Winston v. JohnsonSupreme Court of Minnesota · 1890
- Callan v. HauseSupreme Court of Minnesota · 1904
- Long v. FewerSupreme Court of Minnesota · 1893
- Northern Pacific Railway Co. v. DuncanSupreme Court of Minnesota · 1902
3Cited by2 opinions
- Kremer v. LewisSupreme Court of Minnesota · 1917
- La Cook Farm Land Co. v. Northern Lumber Co.Supreme Court of Minnesota · 1924