Lawver v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Itasca county to recover possession of a strip of land, $600 for its use and occupation, and $500 damages for failure to fence the railroad upon it and for injuries to plaintiff’s livestock.
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Action in the district court for Itasca county to recover possession of a strip of land, $600 for its use and occupation, and $500 damages for failure to fence the railroad upon it and for injuries to plaintiff’s livestock. The answer admitted possession of the land, set up as a defense condemnation proceedings in the year 1904 by the Duluth, Mississippi & Northern Railway Company from which defendant derived title, and alleged that by virtue of G. S. 1894, § 2670, defend-' ant and its predecessors in interest were empowered to construct a railroad across the land and did construct and…
1Opinion of the CourtO’Brien, J.
Plaintiff is the owner of the northwest quarter of the southwest ■quarter, section 16, township 54, range 22, Itasca county, Minnesota, by virtue of a certificate from the state dated October 17, 1902. The land was part of the school lands of the state. At the time of plaintiff’s purchase the defendant’s railroad crossed this forty acre tract, .and defendant was in possession of that portion of the land which ■constituted its right of way upon the same. Plaintiff brought this action in ejectment and for the value of the use and occupation since his acquisition of the property. Upon a trial by…
2Cases cited12 opinions
- State v. EvansSupreme Court of Minnesota · 1906
- Red River & Lake of the Woods Railroad v. StureSupreme Court of Minnesota · 1884
- Chicago, Burlington & Quincy Railroad v. EnglehartNebraska Supreme Court · 1899
- Gage v. Pontiac, Oxford & Northern RailroadMichigan Supreme Court · 1895
- Watson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1891
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3Cited by2 opinions
- Ross v. Trustees of UniversityWyoming Supreme Court · 1924
- Ross v. Trustees of UniversityWyoming Supreme Court · 1924