City of Grafton v. St. Paul, Minneapolis & Manitoba Railway Co.
North Dakota Supreme Court
Appeal from District Court, Walsh county; Kneeshazv, J. Action by the city of Grafton against the St. Paul, Minneapolis & Manitoba Railway Company and others. Judgment for plaintiff, and defendants appeal. The necessity of condemnation is determined by the courts. Bigelow v. Draper, 6 N. D. 152, 69 N. W. 570. Compensation must be made for grading and planking required by the improvement.
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Appeal from District Court, Walsh county; Kneeshazv, J. Action by the city of Grafton against the St. Paul, Minneapolis & Manitoba Railway Company and others. Judgment for plaintiff, and defendants appeal. The necessity of condemnation is determined by the courts. Bigelow v. Draper, 6 N. D. 152, 69 N. W. 570. Compensation must be made for grading and planking required by the improvement. State v. Shardlow, 46 N. W. 74; In re Opening First St., 26 N. W. 159; State v. District Court, 44 N. W. 7 ; Chicago Ry. Co. v. Hough, 28 N. W. 532; In re.City Grand Rapids v. Grand Rapids Ry. Co., 33 N. W.…
1Opinion of the CourtFisk, J.
The respondent, the city of Grafton, brought this action against the appellant in the district court of Walsh county; the object being to condemn for street purposes a certain strip of land across appellants’ right of way within the corporate limits of respondent city. After plaintiff rested its case in chief, defendants moved for a dismissal of the action upon the ground that plaintiff had totally failed to show any public necessity for condemning the property in question, which motion was denied. And at the close of all the testimony they moved for a dismissal of the action upon the same…
2Cases cited62 opinions
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- City of Pasadena v. StimsonCalifornia Supreme Court · 1891
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- The Albany Northern Railroad Company v. . BrownellNew York Court of Appeals · 1862
- Chicago & Northwestern Railway Co. v. City of ChicagoIllinois Supreme Court · 1892
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