Simmons v. Northern Pacific Railroad
Supreme Court of Minnesota
Proceedings in Ihe district court for Clay county to acquire a portion of defendant’s right of way in the village of Hawley for a potato warehouse. The defendant filed objections to the complaint and alleged, among other matters, that there was no law of Minnesota authorizing condemnation of a portion of the right of way for the purposes referred to, and that the business conducted in the past by plaintiff and proposed was a purely private enterprise.
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Proceedings in Ihe district court for Clay county to acquire a portion of defendant’s right of way in the village of Hawley for a potato warehouse. The defendant filed objections to the complaint and alleged, among other matters, that there was no law of Minnesota authorizing condemnation of a portion of the right of way for the purposes referred to, and that the business conducted in the past by plaintiff and proposed was a purely private enterprise. The matter was heard by Nye, J., who made findings and ordered that a lease be duly executed and delivered by defendant to plaintiff at an…
1Opinion of the CourtDibell, J.
This is a proceeding by the plaintiff under the provisions of R. L. 1905, §§ 2106-2113, G. S. 1913, §§ 4506-4513, to obtain the use.of a portion of the defendant’s right of way in the village of Hawley,,Clay county, for the purpose of a public potato warehouse. There was judgment for the plaintiff and the defendant appeals.
The defendant makes four claims:(1) That the statute is limited to obtaining the use of a railroad right of way for a public grain elevator or warehouse.(2) That the use of the right of way for a potato warehouse, as proposed by the plaintiff, is not a public use.(3) That…
2Cases cited10 opinions
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- State v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
- Stewart v. Great Northern Railway Co.Supreme Court of Minnesota · 1896
- Becklin v. BecklinSupreme Court of Minnesota · 1906
- Northern Pacific Railway Co. v. Abner TownsendSupreme Court of Minnesota · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Visina v. FreemanSupreme Court of Minnesota · 1958
- Abrahamson v. Canadian Northern Railway Co.Supreme Court of Minnesota · 1929
- Salmon v. Central Trust & Savings BankSupreme Court of Minnesota · 1923
- City of Winston-Salem v. Northwest Child Development Centers, Inc.United States Bankruptcy Court, M.D. North Carolina · 2021
- Sundquist v. FraserSupreme Court of Minnesota · 1923