Shaubut v. St. Paul & Sioux City Railroad
Supreme Court of Minnesota
Plaintiff, as owner of certain land in the city of Mankato, on which he resided, abutting on the head of Washington street, and marked as his on the diagram contained in the following opinion, brought this action in the district court for Blue Earth county, to restrain defendant from continuing to obstruct that part of Washington street, between the southerly halves of blocks 45 and 46, and the corresponding portion of Spring street, and for damages already sustained by him…
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Plaintiff, as owner of certain land in the city of Mankato, on which he resided, abutting on the head of Washington street, and marked as his on the diagram contained in the following opinion, brought this action in the district court for Blue Earth county, to restrain defendant from continuing to obstruct that part of Washington street, between the southerly halves of blocks 45 and 46, and the corresponding portion of Spring street, and for damages already sustained by him by reason of such obstructions. The action was tried before Page, J., who found, (with ether facts,) that defendant had…
1Opinion of the CourtBerry, J.
The premises to which the present controversy relates, are part of the city of Mankato, and are represented on the diagram on the opposite page.
So far as this appeal is concerned, the plaintiff may be regarded as bringing this action as owner and occupant of the land designated as his upon the diagram, (and in no other right,) to recover damages for, and to remove and to enjoin the continuance of obstructions placed by defendant in that part of Washington street lying between the southerly halves of blocks 45 and 46.
From the facts shown by the diagram, we may draw two inferences, which are…
2Cases cited1 opinion
- Dawson v. St. Paul Fire & Marine Ins.Supreme Court of Minnesota · 1870
3Cited by26 opinions
- City of Chicago v. Union Building Ass'nIllinois Supreme Court · 1882
- Adams v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1888
- Vacation of Part of Town of HibbingSupreme Court of Minnesota · 1925
- Smith v. St. Paul, Minneapolis & Manitoba Railway Co.Washington Supreme Court · 1905
- Aldrich v. WetmoreSupreme Court of Minnesota · 1893
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