Minneapolis, St. Paul, Rochester & Dubuque Electric Traction Co. v. Forstrom
Supreme Court of Minnesota
Proceeding in the district court for Dakota county to condemn a right of way over certain land in that county for an electric traction railway under the power of eminent domain. Commissioners were appointed as provided by statute and awarded $1,000 to the owners of the lanjl as damages. From this award the traction company appealed to the district court.
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Proceeding in the district court for Dakota county to condemn a right of way over certain land in that county for an electric traction railway under the power of eminent domain. Commissioners were appointed as provided by statute and awarded $1,000 to the owners of the lanjl as damages. From this award the traction company appealed to the district court. The case was tried before Ci’osby, J., and a jury which rendered a verdict assessing respondents’ damages at $1,200. From an order denying the company’s motion for a new trial, it appealed to this court.
1Per curiam
Appeal by the traction company from an order of the district court of the county of Dakota denying its motion for a new trial in proceedings to acquire a right of way over the respondents’ farm. The only question submitted to the jury *537related to the amount of damages to be awarded to the respondents for the taking of their land.
The trial court gave to the jury this instruction: “Now, you will determine at the time the railroad took possession what would be the value of the one hundred sixty acres of land, taken as a whole, without the railroad upon it, but with the railroad near it. That, you…
2Cases cited1 opinion
- Minneapolis, St. Paul, Rochester & Dubuque Electric Traction Co. v. HarkinsSupreme Court of Minnesota · 1909