Bennett v. Minneapolis & Pacific Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Stearns county, refusing a new trial after a trial before Searle, J., and verdict of $921.20 for plaintiff.
1Opinion of the CourtDickinson, J.
This was an action of ejectment, to recover the possession of land occupied by the defendant for its railroad; but the defendant, by its answer, availed itself of the right given by statute to have an assessment, in this action, of damages for the taking of the land, and thus to secure the appropriation of the property for its corporate purposes. The question of the value of the property came thus to be involved in the ease. The motion to strike out “all” the testimony of the witness Cloquet was properly denied, for the reason that, although it became apparent from the cross-examination that…
2Cases cited1 opinion
- Knauft v. St. Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1875
3Cited by2 opinions
- Seaboard All-Fla. Ry. Co. v. Levitt, Et Vir.Supreme Court of Florida · 1932
- Gillette-Herzog Manufacturing Co. v. AshtonSupreme Court of Minnesota · 1893