St. Paul & Duluth Railroad v. Village of Hinckley
Supreme Court of Minnesota
Appeal by plaintiff, St. Paul and Duluth Railroad Company, from an order of the District Court of Pine County, F. M. Crosby, J., made November 28, 1892, denying its motion for a new trial. • The plaintiff brought this action to restrain the defendant, the Village of Hinckley, from opening and improving South Main Street, across the tracks of its railroad. The Village was laid out and platted prior to 1871, and this street dedicated to the public.
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Appeal by plaintiff, St. Paul and Duluth Railroad Company, from an order of the District Court of Pine County, F. M. Crosby, J., made November 28, 1892, denying its motion for a new trial. • The plaintiff brought this action to restrain the defendant, the Village of Hinckley, from opening and improving South Main Street, across the tracks of its railroad. The Village was laid out and platted prior to 1871, and this street dedicated to the public. But the part of it in question was never opened for public travel or worked or improved at the public cost. In the Spring of 1877, the lake Superior…
1Opinion of the CourtDickinson, J.
By this action the plaintiff seeks to have the-defendant enjoined from opening and maintaining a public street across its railroad tracks and station yard. The case involved an issue of fact as to whether the plaintiff had, by adverse possession of the premises for the period of fifteen years, acquired a right to-the same to the exclusion of the public. The plaintiff, appealing from an order denying a new trial, brings before us for review only the findings and conclusion of the court, upon which judgment was-directed for the defendant.
It appears from the findings of the court that the…
2Cases cited2 opinions
- City of St. Paul v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1891
- Miller v. ChattertonSupreme Court of Minnesota · 1891
3Cited by1 opinion
- Murtaugh v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1907