Downer v. St. Paul & Chicago Railway Co.
Supreme Court of Minnesota
This was a proceeding instituted by defendant to condemn, for the use of its railway, certain land which is described in the petition, and in the award of the commissioners, as follows : “ Certain lands in the village of Read’s, bounded westward by Richards street, northward by the Mississippi river, eastward by Read’s addition to Pepin, and southward by a line parallel with and sixty feet northward of the northern line of block twenty-eight (28) in the recorded plat of the…
Read the full summary
This was a proceeding instituted by defendant to condemn, for the use of its railway, certain land which is described in the petition, and in the award of the commissioners, as follows : “ Certain lands in the village of Read’s, bounded westward by Richards street, northward by the Mississippi river, eastward by Read’s addition to Pepin, and southward by a line parallel with and sixty feet northward of the northern line of block twenty-eight (28) in the recorded plat of the town of Pepin.” For his damages for the taking of the property by the defendant the commissioners awarded to the…
1Opinion of the CourtGileillan, C. J.
It was held in this action, in the opinion filed in October, 1875, (22 Minn. 251,) that the plat of the town of Pepin was not made in accordance with the requirements of the statute, and that it could not operate as a statutory conveyance or dedication of the land in controversy to public use. It was necessary, therefore, in order to sustain the claim of the compan}', that it should prove a dedication in pais — that is, prove an intention and offer on the part of the owner, and an acceptance of such offer on the part of the public. Whether the whole evidence established such a dedication,…
2Cases cited3 opinions
- Wilder v. City of Saint PaulSupreme Court of Minnesota · 1866
- Hanson v. EastmanSupreme Court of Minnesota · 1875
- Downer v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1875
3Cited by8 opinions
- Neil v. Independent Realty Co.Supreme Court of Missouri · 1927
- Ellison v. StrawWisconsin Supreme Court · 1903
- Hurley v. Mississippi & Rum River Boom Co.Supreme Court of Minnesota · 1885
- Gilfillan v. HobartSupreme Court of Minnesota · 1886
- Village of White Bear v. StewartSupreme Court of Minnesota · 1889
3 more not listed; retrieve them via the Exa API.