Carlson v. Duluth Short Line Railway Co.
Supreme Court of Minnesota
Plaintiff, as owner of a 40-acrefcract in St. Louis county, brought this action in the district 'court for that county, to determine the defendant’s adverse claim to a strip 150 feet wide across the land, claimed by defendant for a right of way, and on which it had located and was about to build its railway.
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Plaintiff, as owner of a 40-acrefcract in St. Louis county, brought this action in the district 'court for that county, to determine the defendant’s adverse claim to a strip 150 feet wide across the land, claimed by defendant for a right of way, and on which it had located and was about to build its railway. The complaint shows that plaintiff acquired the land from the St. Paul & Duluth Railroad Company, and sets forth, as an exhibit, his deed from that company, containing the reservation mentioned in the opinion. The substance of the answer is stated in the opinion. A demurrer to the answer…
1Opinion of the Court
Collins, J.1
By its answer in this action the defendant, a railway corporation, undertakes to justify its appropriation of a strip of land upon which it has constructed its railway, by means of a clause in a deed from another and distinct railway corporation to plaintiff of the tract of which the strip in question is a part. The deed contains the usual covenants of warranty, and the clause mentioned is as follows: “Reserving, however, to the said” St. Paul & Duluth Railroad Company “a strip of land one hundred and fifty feet wide, and any greater^width where necessary, for a right of way,”…
2Cases cited1 opinion
- Elliot v. SmallSupreme Court of Minnesota · 1886
3Cited by8 opinions
- Winston v. JohnsonSupreme Court of Minnesota · 1890
- Biles v. Tacoma, Olympia & Gray's Harbor RailroadWashington Supreme Court · 1893
- Hedderly v. JohnsonSupreme Court of Minnesota · 1890
- State Ex Rel. Department of Natural Resources v. HessSupreme Court of Minnesota · 2004
- Knudson v. TrebeschSupreme Court of Minnesota · 1922
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