McCullough v. St. Paul, Minneapolis & Manitoba Ry. Co.
Supreme Court of Minnesota
Appeal by plaintiffs, Theodore McCullough and Henry Krienkamp, from an order of the District Court of Hennepin County, Hicks, J., made April 6, 1892, denying their motion for a new trial. Plaintiffs owned lots one (1) and two (2) in block five (5) of Oswald’s Addition to Minneapolis.
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Appeal by plaintiffs, Theodore McCullough and Henry Krienkamp, from an order of the District Court of Hennepin County, Hicks, J., made April 6, 1892, denying their motion for a new trial. Plaintiffs owned lots one (1) and two (2) in block five (5) of Oswald’s Addition to Minneapolis. The Minneapolis and Northwestern Railway Company, in .constructing its line of railway in 1880, along the side of lot one, excavated the earth on its right of way to the depth of twenty feet without constructing adequate lateral support of the adjacent soil of the plaintiffs’ lots. The cut was through moist…
1Opinion of the CourtGilfillan, C. J.
The predecessor in interest of this defendant filed its petition for the appointment of commissioners to determine ■the compensation to be paid to John C. Oswald and other owners for *15the taking of the land necessary for the construction of its railway, and they were accordingly appointed. The petition, and the order •appointing them, are not set forth in the record; but the award of the commissioners, (which must be presumed to follow the petition and the order,) so far as affects the land involved in this action, is set forth as follows: “That the said commissioners, after such examination…
2Cases cited4 opinions
- Weaver v. Mississippi & Rum River Boom Co.Supreme Court of Minnesota · 1881
- Dyer v. City of St. PaulSupreme Court of Minnesota · 1881
- Nichols v. City of DuluthSupreme Court of Minnesota · 1889
- Dallemand v. JanneySupreme Court of Minnesota · 1892
3Cited by7 opinions
- Kukkuk v. City of Des MoinesSupreme Court of Iowa · 1922
- Mosier v. Oregon Navigation Co.Oregon Supreme Court · 1901
- Northern Natural Gas Co. v. County of Blue EarthSupreme Court of Minnesota · 1951
- Brown v. Rapid Railway Co.Michigan Supreme Court · 1903
- Chesapeake & Ohio Railway Co. v. MayCourt of Appeals of Kentucky · 1914
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