Warren v. First Division of St. Paul & Pacific Railroad
Supreme Court of Minnesota
Defendant having taken proceedings to condemn plaintiff’s land for the purposes of its raiiroad, plaintiff appealed from the award of the commissioners to the district court for Bamsey county, and at the trial in that court, before Ohatfleld, J., (sitting for the judge of the second district,) obtained a verdict for a sum much greater than that awarded by the commissioners.
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Defendant having taken proceedings to condemn plaintiff’s land for the purposes of its raiiroad, plaintiff appealed from the award of the commissioners to the district court for Bamsey county, and at the trial in that court, before Ohatfleld, J., (sitting for the judge of the second district,) obtained a verdict for a sum much greater than that awarded by the commissioners. For the amount of the verdict, with interest computed in the manner stated in the opinion, judgment was entered, from which defendant appealed.
1Opinion of the CourtGilfillan, C. J.
The act by which this company is incorporated, assumes to give it the right to enter upon, take, possess, occupy and use such lands as it is authorized to take for the purposes of its railroad, before initiating proceedings to ascertain and pay compensation to the owners, and to retain such possession until after the proceedings are *425determined, and a demand and refusal to pay the amount awarded, and provides that the commissioners shall make an appraisement and award of the value of the lands, “at the time when the same was so entered upon, taken,” etc.; and that on an appeal, the jury, or if…
2Cases cited1 opinion
- Hursh v. First Division of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1871
3Cited by41 opinions
- HOUSING AND REDEVELOPMENT AUTHORITY OF ST. PAUL v. GreenmanSupreme Court of Minnesota · 1959
- Central Branch Union Pacific Railroad v. AndrewsSupreme Court of Kansas · 1882
- Clark v. CoxSupreme Court of Connecticut · 1947
- Commercial Station Post Office, Inc. v. United StatesCourt of Appeals for the Eighth Circuit · 1931
- Campau v. City of DetroitMichigan Supreme Court · 1923
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