Schermeely v. Stillwater & St. Paul Railroad
Supreme Court of Minnesota
In this case an appeal was taken by the plaintiff to tbe district court for Washington county, from an award of commissioners assessing damages for land-taken by defendant. The cause was tried, the jury rendering a verdict for plaintiff for a much larger sum than the award. The defendant moved for a new trial, which was granted, and from the order granting the same the plaintiff appeals to this court. The questions passed upon by this court are stated in the opinion.
1Opinion of the Court
By the Court
Berry, J.
All the questions presented by this case, except one which is peculiar to it, are determined in Carli vs. The Stillwater and St. Paul R. R. Co., decided at this term.
The order granting a new trial must be affirmed in this case, as in that, and for the same reasons. It is expedient, however, with reference to any future trial, that we should consider the question peculiar to this case — a question which arises upon the following state of facts.
The present appellant appealed to the district court for Washington county, from a commissioners’ award of com*508pensation for right…
2Cited by4 opinions
- Jeffery v. Chicago & Milwaukee Electric RailroadWisconsin Supreme Court · 1909
- Rippe v. Chicago, Dubuque & Minnesota RailroadSupreme Court of Minnesota · 1876
- Warren v. First Division of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1872
- Rippe v. Chicago, Dubuque & Minnesota RailroadSupreme Court of Minnesota · 1873