Legal Opinion

Minneapolis, St. Paul, Rochester & Dubuque Electric Traction Co. v. Fahey

Supreme Court of Minnesota

Decided February 24, 1911No. Nos. 16,868 — (188)Published

Proceedings in the district court for Dakota county to condemn a right of way for defendant’s road. The facts are stated in the opinion. The appeal from the award of the commissioners was heard by Crosby, J., and a jury which returned a verdict in favor of respondents, and assessed their damages at the sum of $2,540. Erom an order denying plaintiff’s motion for a new trial, it appealed.

1Per curiam

Plaintiff and appellant traction company undertook to condemn certain lands in Dakota county belonging to defendants and respondents. The commissioners filed their .award, .assessing damages against plaintiff and for defendants in the sum of $1,300. Defendant appealed to the district court. The jury awarded defendants $1,462. Plaintiff then moved for a new trial, to which respondents consented. The case was then tried-before the same judge and another jury. That jury awarded defendants $2,540. This appeal was taken from the order denying a new trial.

Defendants’ assignments of error are…

2Cases cited1 opinion

  1. Minneapolis, Saint Paul, Rochester & Dubuque Electric Traction Co. v. EnggrenSupreme Court of Minnesota · 1910

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