Brisbine v. St. Paul & Sioux City Railroad
Supreme Court of Minnesota
The St. Paul & Sioux City Railroad Company, in March, 1874, presented its petition to the district court for Ramsey county, setting forth, among other things, that it would be necessary for it to appropriate, for the purposes of its road, certain real estate in the city of St. Paul, described in the petition as follows : i‘ Commencing at a point in the centre line of Wabasha street, north of, and nineteen feet distant from, the centre line of the main track of said railroad…
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The St. Paul & Sioux City Railroad Company, in March, 1874, presented its petition to the district court for Ramsey county, setting forth, among other things, that it would be necessary for it to appropriate, for the purposes of its road, certain real estate in the city of St. Paul, described in the petition as follows : i‘ Commencing at a point in the centre line of Wabasha street, north of, and nineteen feet distant from, the centre line of the main track of said railroad as constructed; thence westwardly, and parallel to said centre line of said railroad track, to a point in the…
1Opinion of the Court
Cornell, J,
The tract of land which the company, by its petition, seeks to have condemned is therein described as embracing a portion of both St. Peter and Wabasha streets, extending from the Mississippi river back, and no other street or levee is indicated as existing in said tract. It is stated in the petition that such tract is sought to be taken “subject, however, to the easement now existing in said premises as a public street and levee,” and that the plaintiff Brisbine, 'and others therein named, are, as far as known to petitioners, “ the owners of said property, or some part thereof,”…
2Cases cited8 opinions
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- Banks v. OgdenSupreme Court of the United States · 1865
- Dutton v. StrongSupreme Court of the United States · 1861
- Schurmeier v. St. Paul & Pacific RailroadSupreme Court of Minnesota · 1865
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Rumsey v. New York & New England R. R.New York Court of Appeals · 1892
- Adams v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1888
- State v. KorrerSupreme Court of Minnesota · 1914
- Hanford v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1889
- In re RobbinsSupreme Court of Minnesota · 1885
26 more not listed; retrieve them via the Exa API.