Omodt v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Action in the district court for Houston county for a decree directing defendant to open and maintain a suitable 'road under its railroad, for the use of plaintiff for teams, cattle and farm stock, and for $800 damages. The case was tried before Kingsley, J., and a jury which rendered a verdict in favor of plaintiff for $25. , From an order granting defendant’s motion for judgment notwithstanding the verdict, plaintiff appealed.
1Opinion of the CourtBrown, J.
In 1877 one Swenson -conveyed to the Southern Minnesota Railway Company a right of way one hundred feet wide across his farm, the *206result of which was to divide the land into two tracts; the larger part being upon the side of the railroad opposite his buildings. Immediately after the conveyance the company took possession of the same and constructed its track thereon. A small stream ran along the east line of the farm, over which and for a distance of about two hundred feet the railroad company constructed a trestle, upon which its track was laid. Swenson thereafter made use of the space…
2Cases cited9 opinions
- Cruikshank v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1899
- Sherman v. . KaneNew York Court of Appeals · 1881
- Cameron v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1895
- Collins v. ColleranSupreme Court of Minnesota · 1902
- Johnson v. PetersonSupreme Court of Minnesota · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hester v. SawyersNew Mexico Supreme Court · 1937
- Larue v. KosichArizona Supreme Court · 1947
- Naporra v. WeckwerthSupreme Court of Minnesota · 1929
- Johnson v. HeglandSupreme Court of Minnesota · 1928
- Burns v. PlacheckiSupreme Court of Minnesota · 1974
6 more not listed; retrieve them via the Exa API.