Gustafson v. Hamm
Supreme Court of Minnesota
■ Appeal by plaintiff, Charles Gustafson, from a judgment of the District Court of Eamsey County, HascalR. Brill, J., entered August 10, 1893. The defendant, Theodore Hamm, in August, 1892, built a switch track from the Chicago, St. P., M. & 0. railway tracks southwest about twenty rods to his brewery and mill in the eastern part of St. Paul. Fauquier street is sixty feet wide and runs east and west midway between the railroad and the brewery.
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■ Appeal by plaintiff, Charles Gustafson, from a judgment of the District Court of Eamsey County, HascalR. Brill, J., entered August 10, 1893. The defendant, Theodore Hamm, in August, 1892, built a switch track from the Chicago, St. P., M. & 0. railway tracks southwest about twenty rods to his brewery and mill in the eastern part of St. Paul. Fauquier street is sixty feet wide and runs east and west midway between the railroad and the brewery. Hamm’s switch track crosses it obliquely. Plaintiff owns a house and lot fronting north onto Fauquier street at the point where the switch track…
1Opinion of the CourtMitchell, J.
The relief sought in this action, as finally limited on the trial, was an injunction against defendant’s maintaining and operating a railroad track across Fauquier street, in the city of St. Paul, immediately in front of plaintiff’s premises. The plaintiff owned a house and lot fronting north on this street, which was the only means of access to the premises.
Defendant owned a brewery and mill about two blocks south of plaintiff’s premises. The Omaha Railroad was about a block north of plaintiff’s premises. Defendant had constructed an ordinary commercial railroad track from the Omaha road to…
2Cases cited6 opinions
- Adams v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1888
- Carli v. Stillwater Street Railway & Transfer Co.Supreme Court of Minnesota · 1881
- Lamm v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1890
- Mayor of Macon v. HarrisSupreme Court of Georgia · 1886
- Heath v. Des Moines & St. Louis R'y Co.Supreme Court of Iowa · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hendrickson v. StateSupreme Court of Minnesota · 1964
- Hatfield v. . StrausNew York Court of Appeals · 1907
- Salt Lake City v. SchubachUtah Supreme Court · 1945
- Perry v. CastnerSupreme Court of Iowa · 1904
- McClintock v. Richlands Brick Corp.Supreme Court of Virginia · 1928
9 more not listed; retrieve them via the Exa API.