Legal Opinion

Northern Pacific Railway Co. v. Duncan

Supreme Court of Minnesota

Decided July 3, 1902No. Nos. 13,068-(184)PublishedCited by 5 opinions

Appeal by plaintiff from an order of the district court for St. Louis county, Dibell, J., denying a motion for a new trial on an appeal from an award of commissioners in proceedings by plaintiff for the condemnation of a right of way across defendants’ land.

1Opinion of the CourtBrown, J.

Proceedings were commenced in the district court of St. Louis county to condemn a right of way for railroad purposes over and across land owned by defendants, in which commissioners were' duly appointed to assess damages, who made an award assessing and allowing defendant McDougall $1,500, and defendants Duncan and Brewer $1,250. Being dissatisfied with the amounts awarded *93them, defendants appealed to the district court, where a trial was had by a jury, who awarded McDougall $4,162.50, and Duncan and Brewer $3,468.75. Plaintiff appealed from an order denying its-motion for a new trial. Only…

2Cases cited5 opinions

  1. Steinbauer v. StoneSupreme Court of Minnesota · 1902
  2. Peck v. ConwayMassachusetts Supreme Judicial Court · 1876
  3. Dennis v. WilsonMassachusetts Supreme Judicial Court · 1871
  4. Winston v. JohnsonSupreme Court of Minnesota · 1890
  5. Sherman v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883

3Cited by5 opinions

  1. In re County Ditch No. 33Supreme Court of Minnesota · 1921
  2. Dodge v. County of MartinSupreme Court of Minnesota · 1912
  3. Leuthold v. John A. Stees Co.Supreme Court of Minnesota · 1918
  4. Aldrich v. SoucheraySupreme Court of Minnesota · 1916
  5. Kolbe v. BoyleSupreme Court of Minnesota · 1906

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