Simonson v. Thompson
Supreme Court of Minnesota
Plaintiff brought this action in 1877, in the district court -for Kandiyohi county, against the defendants, mortgage trustees in possession of the main line of the First Division of the St. Paul & Pacific railroad, to recover damages for trespasses committed by them in operating such railroad upon the north half of the southeast quarter of section 32, in township 120, •of range 36, in that county, belonging to the plaintiff.
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Plaintiff brought this action in 1877, in the district court -for Kandiyohi county, against the defendants, mortgage trustees in possession of the main line of the First Division of the St. Paul & Pacific railroad, to recover damages for trespasses committed by them in operating such railroad upon the north half of the southeast quarter of section 32, in township 120, •of range 36, in that county, belonging to the plaintiff. The defendants, in their answer,- pleaded a right of way in the railroad company. A jury was waived, and the action tried before Brown, J., and the facts, as proved and…
1Opinion of the CourtGilfillan, C. J.
The defendants claim a right to the land in controversy from two sources: First — Through the act of congress of August 4, 1852, (10 St. at Large, 28,) granting “the right of way to all rail and plank-roads, and macadamized turnpikes, passing through the public lands belonging to *452the United States,” which, from its language, appears to-have been limited to lands lying within states, and the act of congress of March 3, 1855, (10 St. at Large, 683,) extending the provisions of the former act to the public lands in the territories. Second — From the act of the territorial legislature-of…
2Cases cited1 opinion
- United States v. Railroad Bridge Co.U.S. Circuit Court for the Northern District of Illnois · 1855
3Cited by5 opinions
- Coleman v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1888
- Radke v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1888
- Lawver v. Great Northern Railway Co.Supreme Court of Minnesota · 1910
- Tuttle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1895
- Lawver v. Great Northern Railway Co.Supreme Court of Minnesota · 1906