Hogenson v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
This action coming on for trial in the district court for Clay county,, judgment on the pleadings was ordered and entered for the defendant, from which the plaintiff appeals. cited 3 Wait’s Act. & Def. 711; 4 Id. 740; 6 Id. 264; Ashley v. City of Port Huron, 35 Mich. 296; Wagner v. Long Island R. Co., 2 Hun, (N. Y.) 633; Goodale v. Tuttle, 29 N. Y. 459; Gould v. Booth, 66 N. Y. 62; Moran v. McClearns, 63 Barb. 185; Waffle v. N. Y. Cent.
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This action coming on for trial in the district court for Clay county,, judgment on the pleadings was ordered and entered for the defendant, from which the plaintiff appeals. cited 3 Wait’s Act. & Def. 711; 4 Id. 740; 6 Id. 264; Ashley v. City of Port Huron, 35 Mich. 296; Wagner v. Long Island R. Co., 2 Hun, (N. Y.) 633; Goodale v. Tuttle, 29 N. Y. 459; Gould v. Booth, 66 N. Y. 62; Moran v. McClearns, 63 Barb. 185; Waffle v. N. Y. Cent. R. Co., 58 Barb. 413; Byrnes v. City of Cohoes, 67 N. Y. 204; Jutte v. Hughes, 67 N. Y. 267; Bastable v. City of Syracuse, 72 N. Y. 64; Noonan v. City of…
1Opinion of the CourtGileillan, C. J.
From the complaint we gather these facts: The defendant’s railroad extends in a north-easterly and south-westerly direction through township 140, of range 47, and township 141, of range 46. Near where the south line of sections 9, 10, 11, and 12; of township 140, crosses the railroad, there are two ditches alongside of and parallel with the railroad, but in which direction and how far they extend does not appear, and there is at that place also a culvert. From these ditches and culvert, and connecting with them,., the defendant dug a ditch westerly along or near said line, through low, wet,…
2Cases cited1 opinion
- Bunnell v. PostSupreme Court of Minnesota · 1879
3Cited by17 opinions
- Sheehan v. FlynnSupreme Court of Minnesota · 1894
- Chicago, R. I. & P. Ry. Co. v. JohnsonSupreme Court of Oklahoma · 1910
- Pye v. City of MankatoSupreme Court of Minnesota · 1887
- Noyes v. CosselmanWashington Supreme Court · 1902
- Brown v. Winona & Southwestern Railway Co.Supreme Court of Minnesota · 1893
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