Carroll v. Wisconsin Central Co.
Supreme Court of Minnesota
Plaintiff, for 19 years owner of lot 3, in block 16, in Brunson’s addition to St. Paul, and of .two tenement houses thereon, brought this action to recover damages for the injury to the rental value of the property caused by the operation of defendant’s railway over the adjoining lot 2 (owned by defendant) in the same addition, and over a public alley adjacent to plaintiff’s premises.
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Plaintiff, for 19 years owner of lot 3, in block 16, in Brunson’s addition to St. Paul, and of .two tenement houses thereon, brought this action to recover damages for the injury to the rental value of the property caused by the operation of defendant’s railway over the adjoining lot 2 (owned by defendant) in the same addition, and over a public alley adjacent to plaintiff’s premises. The complaint alleges that ever since the construction of the railway, (in 1884,) smoke, cinders, and dust have been thrown from the locomotives into the houses, and great noise and jarring have been occasioned…
1Opinion of the CourtGilfillan, C. J.
Previous decisions of this court fully dispose of the question presented in this case. We will refer to two of them. In Rochette v. Chicago, Mil. & St. Paul Ry. Co., 32 Minn. 201, (20 N. W. Rep. 140,) it was held that no action by a land-owner lies for the damage or inconvenience caused to his land in consequence of a railroad company lawfully constructing its road across a highway (not opposite his land) in such manner as to render access to his land more inconvenient. The reason on which the decision proceeded was that in such ease the injury sustained by him is not special to him, but is…
2Cases cited2 opinions
- Adams v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1888
- Rochette v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1884
3Cited by17 opinions
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Smith v. St. Paul, Minneapolis & Manitoba Railway Co.Washington Supreme Court · 1905
- Park Construction Co. v. Independent School District No. 32Supreme Court of Minnesota · 1943
- Thomason v. RailroadSupreme Court of North Carolina · 1906
- Twenty-Second Corp. of Church of Jesus Christ of Latter-Day Saints v. Oregon Short Line RailroadUtah Supreme Court · 1909
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