Legal Opinion

City of St. Paul v. Chicago, Milwaukee & St. Paul Railway Co.

Supreme Court of Minnesota

Decided February 16, 1891PublishedCited by 27 opinions

Appeal by plaintiff from an order of the district court for Eamsey county, refusing a new trial after a trial before Wilkin and Brill, JJ., a jury being waived.

1Opinion of the Court

Gilfillan, C. J.1

In this action the plaintiff alleges that it is the owner of the land lying between a line running from the south corner of lot 6, along the southerly line of blocks 3 and 4 of Hopkins’ addition to St. P,aul, to the westerly line of Waeouta street, and the Mississippi river; and also that said land is a public levee, and that the defendant is unlawfully obstructing the levee by buildings erected and railroad tracks laid thereon, excluding the plaintiff and the public therefrom, which constitute a nuisance; and the complaint asks that the nuisance be abated, and the defendant…

2Cases cited1 opinion

  1. County of Redwood v. Winona & St. Peter Land Co.Supreme Court of Minnesota · 1889

3Cited by27 opinions

  1. Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
  2. Corvallis Sand & Gravel Co. v. State Land BoardOregon Supreme Court · 1968
  3. Cathcart v. MatthewsSupreme Court of South Carolina · 1916
  4. Dozier v. KrmpotichSupreme Court of Minnesota · 1949
  5. Murtaugh v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1907

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