Brakken v. Minneapolis & St. Louis Railway Co.
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Freeborn county, for damages alleged to have been sustained from the construction of defendant’s railway across a street or road on which his-residence was situated, bis lot fronting four rods thereon, and extending back seven rods.
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Plaintiff brought this action in the district court for Freeborn county, for damages alleged to have been sustained from the construction of defendant’s railway across a street or road on which his-residence was situated, bis lot fronting four rods thereon, and extending back seven rods. The street did not extend westward beyond his-, lot, but connected, on the east, with the streets of the village of Albert Lea, and there was no means of access to his residence from the • east, except over this street or road, without passing over private property. The defendant, in building its railway,…
1Opinion of the Court
Berry, J.1
Upon mature consideration of all the proceedings in the court below, we see no substantial reason for disturbing the order refusing a new trial in this case. Upon the whole, the result was sustained by the evidence; and, though there may have been technical errors in the proceedings, there are none sufficiently important or material to affect the substantial justice of the verdict. The plaintiff, in his complaint, claimed an easement in a certain street or road, from the enjoyment of which he was cut off by defendant’s track excavation. We can conceive of no reason why he might not…
2Cases cited1 opinion
- Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
3Cited by5 opinions
- Byrne v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1888
- Carli v. Union Depot, Street Railway & Transfer Co.Supreme Court of Minnesota · 1884
- Lake Erie & Western Railway Co. v. GriffinIndiana Court of Appeals · 1899
- Baldwin v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1886
- Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884