Sheldon v. Minneapolis & St. Louis Railway Co.
Supreme Court of Minnesota
Condemnation proceedings. Plaintiff appealed to the district court for Hennepin county from the award of the commissioners appointed by the court to ascertain and determine the compensation to be paid for the taking of a right of way by defendant through plaintiff’s land.
Read the full summary
Condemnation proceedings. Plaintiff appealed to the district court for Hennepin county from the award of the commissioners appointed by the court to ascertain and determine the compensation to be paid for the taking of a right of way by defendant through plaintiff’s land. At the trial before Young, J., and a jury, there was no evidence that -the plaintiff had in anyway previously objected to the petition or the award on the ground that the petition only described the particular lots crossed by the railroad, or that the award was only for damages to these lots. At the opening of the trial the…
1Opinion of the CourtMitchell, J.
The respondent owned and occupied a tract of land •containing some 30 acres, a part of which had been some years ago platted and laid out into village lots, but such lots had never in any way been separated from each other or from the rest'of the tract, except, by the imaginary lines indicated on the plat, and respondent had continued to use, and still used, the whole as one farm or tract for residence and general farming purposes. The appellant, pursuant to the provisions of Sp. Laws 1870, c. 57, § 4, and Sp. Laws 1879, c. 185, § 4, filed its petition to acquire by condemnation the right of…
2Cases cited4 opinions
- Nolton v. MosesNew York Supreme Court · 1848
- Sherwood v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1874
- Bissell v. CornellNew York Supreme Court · 1840
- Bunnell v. ButlerSupreme Court of Connecticut · 1854
3Cited by8 opinions
- Port Huron & South-Western Railway Co. v. VoorheisMichigan Supreme Court · 1883
- Yellowstone Park Railroad v. Bridger Coal Co.Montana Supreme Court · 1906
- A. & N. R. v. BoernerNebraska Supreme Court · 1892
- Wiles v. Department of Public WorksNebraska Supreme Court · 1931
- DIV. OF ADMIN., STATE DEPT. OF TRANSP. v. JirikDistrict Court of Appeal of Florida · 1985
3 more not listed; retrieve them via the Exa API.