Legal Opinion

United States v. Minnesota & North-Western Railroad

Supreme Court of Minnesota

Decided January 15, 1854PublishedCited by 6 opinions

This was an action of trespass commenced in the County of ■Goodhue, charging the Defendant with entry upon lands of the Plaintiff, on the 12th of October, 1854, and at divers other days and times, and the commission of injuries thereupon to the Plaintiff’s damage of one thousand and ten dollars.

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This was an action of trespass commenced in the County of ■Goodhue, charging the Defendant with entry upon lands of the Plaintiff, on the 12th of October, 1854, and at divers other days and times, and the commission of injuries thereupon to the Plaintiff’s damage of one thousand and ten dollars. The answer admits the commission of the acts complained of, but justifies under the Act of the Territorial Legislature of Minnesota approved March 4th, 1854, by which the Defendant was incorporated and endowed with any lands which Congress might thereafter grant to the Territory for the purpose of…

1Opinion of the Court

By the Court.

Welsh Chief Justice.

This is an appeal from the judgment of the District Court, for the County of Goodhue.

The United States brought an action of Trespass against the Minnesota and North Western Rail Road Company, for entering upon certain lands of the United States, in the County of Goodhue. The complaint alleges that on a certain day, the Defendants, a body corporate, broke and entered the lands in question, and cut down and carried away certain trees, &c.

The Defendants admit the acts charged in the complaint but set up by way of justification; First, An. Act of the Legislature…

2Cases cited1 opinion

  1. Fletcher v. PeckSupreme Court of the United States · 1810

3Cited by6 opinions

  1. State v. LentzSupreme Court of Minnesota · 1891
  2. Pett-Morgan v. KennedySupreme Court of Minnesota · 1895
  3. Paul v. PyeSupreme Court of Minnesota · 1916
  4. Estate of Havenmaier v. RengstorfSupreme Court of Minnesota · 1925
  5. Hoffman v. City of St. PaulSupreme Court of Minnesota · 1932

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