Town of Wells v. Sullivan
Supreme Court of Minnesota
Action in the district court for Nice county to enjoin defendant from maintaining a fence and in any way interfering with the free use of a certain highway, where the same crosses his land. The case was tried before Childress, J., who denied defendant’s motions to dismiss the action and for a directed verdict, and a jury which returned an affirmative answer to the question whether there was a public road along the line described in the complaint.
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Action in the district court for Nice county to enjoin defendant from maintaining a fence and in any way interfering with the free use of a certain highway, where the same crosses his land. The case was tried before Childress, J., who denied defendant’s motions to dismiss the action and for a directed verdict, and a jury which returned an affirmative answer to the question whether there was a public road along the line described in the complaint. The court made findings and ordered judgment in favor of plaintiff. From the order denying defendant’s motion for judgment notwithstanding the…
1Opinion of the CourtHolt, J.
The action is to enjoin defendant from obstructing an alleged public highway where it passes through a corner of his land. The complaint is so framed, perhaps, that it alleges a public highway both by dedication and by statutory user. The answer denies the locus in quo to be a public road, admits interferences therewith and a purpose to maintain the fence which obstructs access therefrom to the main highway. On defendant’s motion the question whether the road, or place in dispute, was a public highway was submitted to a jury and answered in the affirmative. The court made findings,…
2Cases cited5 opinions
- Miller v. Town of CorinnaSupreme Court of Minnesota · 1890
- Hansen v. Town of VerdiSupreme Court of Minnesota · 1901
- Minneapolis Brewing Co. v. City of East Grand ForksSupreme Court of Minnesota · 1912
- Rogers v. Town of AitkinSupreme Court of Minnesota · 1899
- Ferber v. State BankSupreme Court of Minnesota · 1911
3Cited by13 opinions
- Evans v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1916
- Anderson v. BirkelandSupreme Court of Minnesota · 1949
- State Ex Rel. Carter County v. LewisMissouri Court of Appeals · 1956
- Bosell v. RannestadSupreme Court of Minnesota · 1948
- Oltmans Ex Rel. Oltmans v. Orthopaedic & Fracture Clinic, P.A.Supreme Court of Minnesota · 1979
8 more not listed; retrieve them via the Exa API.