Newell v. Minneapolis, Lyndale & Minnetonka Railway Co.

Plaintiff is owner of certain land abutting on a public street in Minneapolis called “First Avenue South,” and therefore owner of the fee of the half of the street adjoining his premises, subject to the street easement. As the complaint alleges, defendant— a railway corporation, and assuming to act as such — has wrongfully entered upon plaintiff’s portion of the street, and taken possession thereof for its road-bed, laying down ties and rails thereon, and using and continuing in possession thereof for the operation of its railway, all without plaintiff’s consent, and without payment of…