Trogden v. Winona & St. Peter Railroad
Supreme Court of Minnesota
Proceeding to condemn land for railroad purposes. The petition set forth the names of the respondents, as owners, and that of one Kelly, as mortgagee, and in the award the compensation awarded to the mortgagee and that awarded to the owners were separately stated. The mortgagee did not appeal from the award. The land owners appealed to the district court for Nicollet county, where a trial was had before Hariscóme, J., and a verdict rendered in excess of the award.
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Proceeding to condemn land for railroad purposes. The petition set forth the names of the respondents, as owners, and that of one Kelly, as mortgagee, and in the award the compensation awarded to the mortgagee and that awarded to the owners were separately stated. The mortgagee did not appeal from the award. The land owners appealed to the district court for Nicollet county, where a trial was had before Hariscóme, J., and a verdict rendered in excess of the award. Judgment was entered on the verdict, and the company appealed.
1Opinion of the Court
Cornell, J.1
On tbe trial of the appeal tbe company offered evidence tending to prove that the interest and estate of the Trogdens had terminated since the appeal was taken, and become wholly extinguished by the foreclosure of the Kelly mortgage and the expiration of the period of redemption. This the court excluded, and it is now assigned as error by the appellant.
The question for the consideration of the jury was the propriety of the amount awarded the Trogdens by the commissioners as compensation for their interest and estate in the property, so far as it was injuriously affected or taken…
2Cases cited2 opinions
- Carli v. Stillwater & Saint Paul RailroadSupreme Court of Minnesota · 1871
- Duke v. BalmeSupreme Court of Minnesota · 1871
3Cited by10 opinions
- State v. HawkOregon Supreme Court · 1922
- Eyre v. City of FaribaultSupreme Court of Minnesota · 1913
- Calhoun County v. LoganSupreme Court of Alabama · 1955
- Mantorville Railway & Transfer Co. v. Teunis SlingerlandSupreme Court of Minnesota · 1907
- County of Blue Earth v. WilliamsSupreme Court of Minnesota · 1936
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