Legal Opinion

Ames v. Lake Superior & Mississippi Railroad

Supreme Court of Minnesota

Decided January 11, 1875PublishedCited by 30 opinions

Plaintiffs brought this action in the court of common .pleas for Ramsey county, to restrain the defendant from entering upon land of the plaintiffs in that county, and constructing its railroad thereon. In their complaint, they allege that the defendant is a corporation organized under the general railway law of the state, and also assuming to act as a corporation, under and by virtue of the special legislation hereinafter mentioned.

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Plaintiffs brought this action in the court of common .pleas for Ramsey county, to restrain the defendant from entering upon land of the plaintiffs in that county, and constructing its railroad thereon. In their complaint, they allege that the defendant is a corporation organized under the general railway law of the state, and also assuming to act as a corporation, under and by virtue of the special legislation hereinafter mentioned. The defendant, in its answer, asserts its right to take the plaintiffs’ land for the purpose of its road, by virtue of such special legislation, and of…

1Opinion of the CourtYoung, J.

By an act of the legislative assembly of the territory of Minnesota, approved May 23, 1857, (Laws 1857, extra sess., ch. 93,) it is enacted (§1) “that Erastus Corning” (and twenty-five others named therein) “and their associates, successors and assigns be, and they hereby are constituted a body corporate and politic, by the name and style of the Nebraska and Lake Superior Railroad Company,” with the powers, privileges and immunities usually granted in charters of incorporation. The second section provides that “the said corporation is hereby authorized and empowered to survey, locate,…

2Cases cited38 opinions

  1. Fletcher v. PeckSupreme Court of the United States · 1810
  2. Railroad Company v. HarrisSupreme Court of the United States · 1871
  3. The Floyd AcceptancesSupreme Court of the United States · 1869
  4. Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
  5. People v. President & Directors of the Manhattan Co.New York Supreme Court · 1832

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3Cited by30 opinions

  1. State ex rel. Clapp v. Minnesota Thresher Manufacturing Co.Supreme Court of Minnesota · 1889
  2. Burton v. LarkinSupreme Court of Kansas · 1887
  3. Risser v. HoytMichigan Supreme Court · 1884
  4. Martin v. TylerNorth Dakota Supreme Court · 1894
  5. Bigelow v. DraperNorth Dakota Supreme Court · 1896

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