Legal Opinion

Rogers v. Town of Aitkin

Supreme Court of Minnesota

Decided November 1, 1899No. Nos. 11,770—(113)PublishedCited by 3 opinions

Appeal by plaintiff from a judgment of the district court for Aitkin county, entered pursuant to the findings of Holland, J., dismissing the action on the merits.

1Opinion of the Court

START, O. J.

This is an action for a perpetual injunction restraining the defendant town and its supervisors from entering upon or interfering with the land described in the complaint. The defense is that the premises were subject to the easement of a highway. The cause was tried by the court without a jury, and judgment on the merits in favor of the defendants was entered, from which the plaintiff appealed.

The sole question on this appeal is whether the evidence justified the finding and conclusion of the trial court to the effect that the locus in quo was a public highway. It must be…

2Cited by3 opinions

  1. Town of Wells v. SullivanSupreme Court of Minnesota · 1914
  2. Hansen v. Town of VerdiSupreme Court of Minnesota · 1901
  3. Minneapolis Brewing Co. v. City of East Grand ForksSupreme Court of Minnesota · 1912

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