Chicago Great Western Railroad v. Zahner
Supreme Court of Minnesota
Action in ejectment in the district court for Ramsey county. The case was tried 'before Dickson, J., who made findings and ordered judgment in favor of defendant. From the judgment entered pursuant to the order for judgment, plaintiff appealed.
1Opinion of the CourtDibell, J.
Action of ejectment tried to the court. From a judgment for the defendant the plaintiff appeals. There are two questions:(1) Whether a deed to the plaintiff railroad company conveyed the fee or a railroad right of way easement.(2) If it conveyed only a railroad right of way easement, whether the defendant, the owner of the servient estate, can maintain possession of a portion of the right of way, not disturbing the actual use for railway purposes, until it is shown hy the railroad that it needs possession thereof for railway purposes.
1. In 1905 David A. Secombe, the predecessor in title of…
2Cases cited21 opinions
- Western Union Telegraph Co. v. Pennsylvania RailroadSupreme Court of the United States · 1904
- Illinois Central Railroad v. HoughtonIllinois Supreme Court · 1888
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. JonesIndiana Supreme Court · 1882
- Pittsburgh, Ft. Wayne & Chicago Ry. v. PeetSupreme Court of Pennsylvania · 1893
- Flaten v. MoorheadSupreme Court of Minnesota · 1892
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3Cited by11 opinions
- Tamalpais Land & Water Co. v. Northwestern Pacific RailroadCalifornia Court of Appeal · 1946
- Magnolia Petroleum Co. v. ThompsonCourt of Appeals for the Eighth Circuit · 1939
- Midland Valley R. Co. v. SutterCourt of Appeals for the Eighth Circuit · 1928
- Consolidated School District No. 102 v. WalterSupreme Court of Minnesota · 1954
- State Ex Rel. Department of Natural Resources v. HessSupreme Court of Minnesota · 2004
6 more not listed; retrieve them via the Exa API.