State ex rel. City of St. Paul v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
Petition by relator in tlie district court for Ramsey county for a writ of mandamus to St. Paul, Minneapolis & Manitoba Railway Company, Great Northern Railway Company, St. Paul & Northern Pacific Railway Company, and Northern Pacific Railroad Company.
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Petition by relator in tlie district court for Ramsey county for a writ of mandamus to St. Paul, Minneapolis & Manitoba Railway Company, Great Northern Railway Company, St. Paul & Northern Pacific Railway Company, and Northern Pacific Railroad Company. An alternative writ having issued and defendants having answered, the case was tried without a jury by Kerr, J., who found as conclusion of law that defendants were entitled to judgment that the alternative writ be discharged and that the relator take nothing by the proceeding, and ordered judgment accordingly. From an order denying a motion…
1Opinion of the Court
COLLINS, J.2
This was a mandamus proceeding to compel the respondent railway companies to construct a bridge over their respective tracks where they cross what are claimed to be Grove street and Burr street in the city of St. Paul.
The situation can be easily understood by reference to plaintiff’s exhibit numbered 18. It appears that when government section 32 was in its natural condition ii was crossed diagonally by a valley or gorge about 50 feet deep and about 600 feet wide. The sides of this valley were precipitous, and could not be ascended or descended, except by pedestrians, and then…
2Cases cited3 opinions
- Hurley v. Mississippi & Rum River Boom Co.Supreme Court of Minnesota · 1885
- Great Northern Railway Co. v. City of St. PaulSupreme Court of Minnesota · 1895
- Borer v. LangeSupreme Court of Minnesota · 1890
3Cited by9 opinions
- State ex rel. Kansas City Terminal Railway Co. v. Public Service CommissionSupreme Court of Missouri · 1925
- State ex rel. City of St. Paul v. Great Northern Railway Co.Supreme Court of Minnesota · 1916
- McAneny v. . N.Y.C.R.R. Co.New York Court of Appeals · 1924
- Poudler v. City of MinneapolisSupreme Court of Minnesota · 1908
- City of St. Paul v. Great Northern Railway Co.Supreme Court of Minnesota · 1929
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