State ex rel. City of St. Paul v. Minnesota Transfer Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Ramsey county, Brill, Otis, and Bunn, JJ., directing the issue of a writ of peremptory mandamus requiring defendant to repair a bridge in accordance with plans and specifications. The order of the court below was in defiance of G. S. 1894, § 5976. If defendant is bound to repair, the city can, after demand, make the repairs reasonably necessary and recover their cost.
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Appeal by defendant from an order of the district court for Ramsey county, Brill, Otis, and Bunn, JJ., directing the issue of a writ of peremptory mandamus requiring defendant to repair a bridge in accordance with plans and specifications. The order of the court below was in defiance of G. S. 1894, § 5976. If defendant is bound to repair, the city can, after demand, make the repairs reasonably necessary and recover their cost. Elliott, Roads & S. § 604; Pennsylvania v. Borough, 85 Pa. St. 336; Well-come v. Inhabitants, 51 Me. 313. See Baker v. Marshall, 15 Minn. 136 (177); State v. Southern…
1Opinion of the CourtCollins, J.
Appeal from an order directing that a peremptory writ of mandamus issue, requiring and compelling the defendant transfer-railway company to proceed forthwith to repair the bridge described in the pleadings in accordance with certain plans and specifications attached to, and made a part of, the petition for such writ.
The bridge in question is the one now in use upon University avenue, in the city of St. Paul. It is more than thirteen hundred feet in length, and is an overhead crossing of a large number of defendant’s tracks, which have been laid over the avenue at grade, and have been, and now…
2Cases cited10 opinions
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1886
- Flynn v. Little Falls Electric & Water Co.Supreme Court of Minnesota · 1898
- State v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1885
- State ex rel. City of Minneapolis v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1888
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
- Bell v. KirklandSupreme Court of Minnesota · 1907
- Minneapolis Gas Co. v. ZimmermanSupreme Court of Minnesota · 1958
- Board of Education of City of Minneapolis v. SandSupreme Court of Minnesota · 1948
- Vandalia Railroad v. State ex rel. City of South BendIndiana Supreme Court · 1906
34 more not listed; retrieve them via the Exa API.