City of St. Paul v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $1,938.30 the cost of repaving a bridge over defendant’s tracks. The answer alleged that the repaving was done voluntarily and without authority, order, ordinance or resolution of the city council of the city of St. Paul. After the former appeal reported in 141 Minn. 428, 170 N. W. 512, the case was tried before Hanft, J., who made findings and ordered judgment for the amount demanded.
Read the full summary
Action in the district court for Ramsey county to recover $1,938.30 the cost of repaving a bridge over defendant’s tracks. The answer alleged that the repaving was done voluntarily and without authority, order, ordinance or resolution of the city council of the city of St. Paul. After the former appeal reported in 141 Minn. 428, 170 N. W. 512, the case was tried before Hanft, J., who made findings and ordered judgment for the amount demanded. From the judgment entered pursuant to the order for judgment, defendant appealed.
1Opinion of the CourtDibell, J.
The plaintiff recovered judgment against the defendant for the cost incurred in repaving a bridge constructed by the defendant over its tracks and the defendant appeals.
1. Many years ago the defendant railway company bridged its tracks at their intersection with Rice street in St. Paul. The bridge was paved. The paving on both the street and the bridge became so out of repair that in 1917 it was necessary to repave. That the safety and convenience of the public required repaving is conceded. The defendant refused to repave, claiming that its duty was discharged when it built the bridge and…
2Cases cited15 opinions
- Chicago, Burlington & Quincy Railway Co. v. Illinois ex rel. Drainage CommissionersSupreme Court of the United States · 1906
- Atlantic Coast Line Railroad v. City of GoldsboroSupreme Court of the United States · 1914
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
- Missouri Pacific Railway Co. v. City of OmahaSupreme Court of the United States · 1914
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MinneapolisSupreme Court of Minnesota · 1911
10 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Itasca Paper Co. v. Niagara Fire Insurance Co.Supreme Court of Minnesota · 1928
- Crist v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1925
- State ex rel. City of Fairmont v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1921
- Chicago & North Western Railway Co. v. City of MarshallSupreme Court of Minnesota · 1922