State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
On the petition of the relator, an alternative writ of mandamus was-issued by the district court for Hennepin county, commanding the respondent to proceed to excavate and construct, under its tracks, a-viaduct, with proper sustaining walls and iron bridge, on Fifth street north, in the city of Minneapolis, in accordance with plans prepared by the city council. The relator appeals from an order by Young and Lochren, JJ., quashing the writ.
1Opinion of the CourtMitchell, J.
This appeal is from an order quashing an alternative writ of mandamus, on the ground that the relator did not state-facts sufficient to warrant the issuance of a writ.
The charter of respondent provides that “the said company shall. *133have the right and authority to construct their said railroad and branches upon and along, across, under, or over any public or private highway, road, street, plank-road, or railroad, if the same shall be necessary; but the said company shall put such highway, road, street, plank-road, or railroad in such condition and state of repair as not to impair or interfere…
2Cases cited14 opinions
- Eyler v. County CommissionersCourt of Appeals of Maryland · 1878
- People Ex Rel. Green v. Dutchess & Columbia RailroadNew York Court of Appeals · 1874
- People ex rel. City of Bloomington v. Chicago & Alton RailroadIllinois Supreme Court · 1873
- Chicago, Rock Island & Pacific Railroad v. MoffittIllinois Supreme Court · 1874
- Northern Central Railway Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1877
9 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
- Cunningham v. City of Thief River FallsSupreme Court of Minnesota · 1901
- State ex rel. City of St. Paul v. Minnesota Transfer Railway Co.Supreme Court of Minnesota · 1900
- Chicago, Burlington & Quincy Railway Co. v. People ex rel. GrimwoodIllinois Supreme Court · 1904
- United States v. Wheeler Tp.Court of Appeals for the Eighth Circuit · 1933
40 more not listed; retrieve them via the Exa API.