Dahlin v. Town Board of Eddy
Supreme Court of Minnesota
Action in the district court for Clearwater county against defendant Neslund and the town board of the town of Eddy, to enjoin them from trespassing upon plaintiff’s land for the purpose of opening a road.
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Action in the district court for Clearwater county against defendant Neslund and the town board of the town of Eddy, to enjoin them from trespassing upon plaintiff’s land for the purpose of opening a road. The answer alleged that the supervisors of the town of Eddy laid out and established a public road across the land of plaintiff and that defendants, unless restrained, intend to open roads and keep the same open for travel as a public highway in places mentioned in the complaint. Plaintiff demurred to the answer of defendants on the ground that the same did not state facts sufficient to…
1Opinion of the CourtHallam, J.
This action was brought against the defendant town and its road overseer to enjoin them from trespassing upon plaintiff’s land. Plaintiff prevailed. Defendants admit their intention to enter plaintiff’s land but they contend that they have a right to do so for the purpose of establishing public highways because of two road orders passed by the town in 1909. The question is as to the validity of these orders.
As to one of these roads the trial court found that the description in the road order and in the petition upon which it is based is “impossible of location upon the surface of the earth,…
2Cases cited3 opinions
- State v. ThompsonSupreme Court of Minnesota · 1891
- Johnson v. Town of Chisago LakeSupreme Court of Minnesota · 1913
- Sonnek v. Town of Minnesota LakeSupreme Court of Minnesota · 1892
3Cited by1 opinion
- Harner v. Monongalia County CourtWest Virginia Supreme Court · 1917