Matthias v. Minneapolis, St. Pahl & Sault Ste. Marie Railway Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $1,900, being a depreciation of $10 per month in the rental value of plaintiff’s property and $1,800 in the value of his real estate by the operation of defendant’s switching yard: The answer was- a general denial. The facts are stated in the opinion.
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Action in the district court for Hennepin county to recover $1,900, being a depreciation of $10 per month in the rental value of plaintiff’s property and $1,800 in the value of his real estate by the operation of defendant’s switching yard: The answer was- a general denial. The facts are stated in the opinion. The case was tried before Steele, J., who, at the close of plaintiff’s case, granted defendant’s motion to dismiss the action on the ground that plaintiff had failed to establish any cause of action against defendant. From the judgment entered pursuant to the order for judgment,…
1Opinion of the CourtHolt, J.
For more than 25 years defendant has owned a 66-foot right of way near what is now the northerly limits of the city of Minneapolis. Upon this right of way is located its main line of railway running west. It crosses Queen Avenue North, a street running north and south, at 47 Avenue North. Proceeding westerly it angles north about 15 degrees. Prior to 1909 the land north of the railroad between Humboldt and Thomas avenues, the former being nine blocks east and the latter three blocks west of Queen avenue, had been platted. *226South of the right of way the land is also to a large extent platted…
2Cases cited38 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Adams v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1888
- Georgia Railroad & Banking Co. v. MaddoxSupreme Court of Georgia · 1902
- Commonwealth v. ParksMassachusetts Supreme Judicial Court · 1892
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3Cited by12 opinions
- Brede v. Minnesota Crushed Stone Co.Supreme Court of Minnesota · 1919
- Stuhl v. Great Northern Railway Co.Supreme Court of Minnesota · 1917
- Robinson v. WestmanSupreme Court of Minnesota · 1947
- MacDonald v. PerryArizona Supreme Court · 1927
- Dean v. Southern Ry. Co. in MississippiMississippi Supreme Court · 1916
7 more not listed; retrieve them via the Exa API.