Marchand v. Town of Maple Grove
Supreme Court of Minnesota
Appeal by defendant, the township of Maple Grove, from a judgment of the district court of Hennepin county, Canty, J., entered August 28, 1891, in favor of plaintiff, David Marchand, for $127.08' damages and costs. Plaintiff owned the northwest quarter of the northeast quarter, and the northeast quarter of the northwest'quarter, of section fourteen, (14,) in township one hundred and nineteen (119) north, of range twenty-two (22) west.
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Appeal by defendant, the township of Maple Grove, from a judgment of the district court of Hennepin county, Canty, J., entered August 28, 1891, in favor of plaintiff, David Marchand, for $127.08' damages and costs. Plaintiff owned the northwest quarter of the northeast quarter, and the northeast quarter of the northwest'quarter, of section fourteen, (14,) in township one hundred and nineteen (119) north, of range twenty-two (22) west. In the year 1858 the supervisors of the township laid out and established a highway upon his north line four rods wide, one half of it being on plaintiff’s…
1Opinion of the CourtCollins, J.
Action to recover damages for an alleged trespass on land belonging to plaintiff. Defendant town claimed, in justification, that at the place where its officers had excavated, and also raised an embankment, there had existed a public highway for more than twenty (20) years, and that the acts of its officers were performed within the limits of this highway, that it might be improved for public use. The facts were that in 1858 the proper authorities laid out ' and established, east and west, upon the section line which constistutes plaintiff’s north boundary line, a public highway four (4) rods…
2Cases cited6 opinions
- Pillsbury v. BrownSupreme Judicial Court of Maine · 1890
- Bartlett v. BeardmoreWisconsin Supreme Court · 1890
- Ehret v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1886
- Wayne County Savings Bank v. StockwellMichigan Supreme Court · 1891
- Scheimer v. PriceMichigan Supreme Court · 1887
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3Cited by17 opinions
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- Illinois Steel Co. v. JekaWisconsin Supreme Court · 1905
- Arndt v. ThomasSupreme Court of Minnesota · 1904
- Hurley v. City of West St. PaulSupreme Court of Minnesota · 1901
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