State ex rel. City of St. Paul v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Upon the relation of the city of St. Paul the district court for Ramsey county granted its alternative writ of mandamus commanding the Chicago, Milwaukee & St. Paul Railway Company to begin the work of depressing its tracks at the point where they cross Seventh street in that city in accordance with the provisions of Ordinance No. 3013 of relator city. The respondent made answer, among other matters, that its line of railway was constructed pursuant to Sp.
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Upon the relation of the city of St. Paul the district court for Ramsey county granted its alternative writ of mandamus commanding the Chicago, Milwaukee & St. Paul Railway Company to begin the work of depressing its tracks at the point where they cross Seventh street in that city in accordance with the provisions of Ordinance No. 3013 of relator city. The respondent made answer, among other matters, that its line of railway was constructed pursuant to Sp. Laws 1879, c. 184, and pursuant to resolution of the common council of relatoT city designating the grade of its tracks at the point…
1Opinion of the Court
Dibell, C.
Mandamus on the relation of the city of St. Paul to compel the defendant to depress its railway tracks where they intersect West Sev*279enth street and to carry the street over them by a bridge. TJpon the trial the writ was quashed on motion of the defendant and the relator appeals from the order denying its motion for a new trial. The case was here on demurrer to the writ and is reported in 122 Minn. 280, 142 N. W. 312.
Two claims are now made by the defendant:(1) That the ordinance directing the depression of the tracks and the construction of a bridge is invalid, because it fails to…
2Cases cited14 opinions
- Butchers' Union Slaughter-House & Live-Stock Landing Co. v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1884
- New Orleans Gas Light Co. v. Drainage Commission of New OrleansSupreme Court of the United States · 1905
- Chicago, Burlington & Quincy Railroad v. Nebraska Ex Rel. OmahaSupreme Court of the United States · 1898
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
- Chicago, Burlington & Quincy Railroad v. State ex rel. City of OmahaNebraska Supreme Court · 1896
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3Cited by3 opinions
- City of St. Paul v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1918
- City of St. Paul v. Great Northern Railway Co.Supreme Court of Minnesota · 1917
- Grisim v. South St. Paul Live Stock ExchangeSupreme Court of Minnesota · 1922