Hyde v. Minnesota, D. & P. Ry. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. Hon. J. H. McCoy, Judge. Action by Charles R. Hyde against the Minnesota, Dakota & Pacific Railway Company. Judgment for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Brown County. Hon. J. H. McCoy, Judge. Action by Charles R. Hyde against the Minnesota, Dakota & Pacific Railway Company. Judgment for defendant, and plaintiff appeals. Whenever a proposed public use causes to propery, no part of which is taken, an injury of such character as if it accrued when a portion of the property was taken would be a proper element of damages to- the part not taken, there is a damage within the scope and' protection of the constitutional provision entitling the owner to compensation. Omaha R. R. Co. v. Cable Co. 32 Fed. 727. If the property…
1Opinion of the CourtSmith, J.
The plaintiff brings this action, invoking the equity powers of the court, to restrain the ■ defendant, the Minnesota, Dakota & Pacific Railway Company “from locating, constructing or operating its railway in said city from the southern limits thereof northerly across Twelfth avenue and thence westerly between Eleventh and Twelfth avenues to the right of way of the Chicago, Milwaukee & St. Paul Railway Company, until the just compensation that should be paid to the plaintiff by reason of the damag-e to his property aforesaid shall have been determined by a jury in the manner provided by law,…
2Cases cited19 opinions
- Eachus v. Los Angeles Consolidated Electric Railway Co.California Supreme Court · 1894
- Springer v. City of ChicagoIllinois Supreme Court · 1891
- Smith v. Floyd CountySupreme Court of Georgia · 1890
- Stetson v. Chicago & Evanston RailroadIllinois Supreme Court · 1874
- Searle v. City of LeadSouth Dakota Supreme Court · 1897
14 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hyde v. M., D. & P. Ry. Co.South Dakota Supreme Court · 1912
- Essington v. BucheleSouth Dakota Supreme Court · 1962
- Davison v. KellarSouth Dakota Supreme Court · 1915
- Fauske v. DeanSouth Dakota Supreme Court · 1960
- Gunn v. City of VersaillesMissouri Court of Appeals · 1959
1 more not listed; retrieve them via the Exa API.