Myers v. Duluth Transfer Railway Co.
Supreme Court of Minnesota
Appeal by plaintiffs, Jacob E. Myers, Henry H. Myers and Benjamin F. Myers, from an order of the District Court of St. Louis County, O. P. Stearns, J., made August 6, 1892, dissolving a temporary injunction. The plaintiffs owned one undivided third of thirteen lots in Martin’s Division in Duluth. The defendant, the Duluth Transfer Railway Company, surveyed and located its railway across these lots, and was about to construct its road over them.
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Appeal by plaintiffs, Jacob E. Myers, Henry H. Myers and Benjamin F. Myers, from an order of the District Court of St. Louis County, O. P. Stearns, J., made August 6, 1892, dissolving a temporary injunction. The plaintiffs owned one undivided third of thirteen lots in Martin’s Division in Duluth. The defendant, the Duluth Transfer Railway Company, surveyed and located its railway across these lots, and was about to construct its road over them. It had attempted to acquire the right of way through the lots by proceedings under 1878 G. S. ch. 31, title 1. It had filed its petition and had…
1Opinion of the CourtDickinson, J.
This action is prosecuted to restrain the defendant railway company from constructing its railroad across certain land, an undivided one-third of which is owned by the plaintiffs. Upon the commencement of the action a temporary injunction, restraining the defendants from constructing the road, was issued upon the ex parte order of the court commissioner. After the service of a verified answer, the court, upon the defendants’ motion, dissolved the injunction. This is an appeal by the plaintiffs from the order of dissolution. The motion was heard and granted *337upon the pleadings, and upon the…
2Cases cited2 opinions
- Harrington v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1871
- Lohman v. St. Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1872
3Cited by6 opinions
- Minneapolis Gaslight Co. v. City of MinneapolisSupreme Court of Minnesota · 1913
- Hamilton v. WoodSupreme Court of Minnesota · 1893
- McGregor v. CaseSupreme Court of Minnesota · 1900
- Currie v. SilvernaleSupreme Court of Minnesota · 1919
- Gorton v. Town of Forest CitySupreme Court of Minnesota · 1896
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