Legal Opinion

Mantorville Railway & Transfer Co. v. Teunis Slingerland

Supreme Court of Minnesota

Decided July 12, 1907No. Nos. 15,148-(137)PublishedCited by 10 opinions

In the matter of proceedings instituted by plaintiff corporation - in the district court for Dodge county to condemn a right of way across-the land of defendant commissioners were appointed, and they appraised his damages at $575. From their award both plaintiff and defendant appealed, and the appeals were tried before Buckham, J., and a jury, which assessed his damages at $1,050. From an order denying-its motion for a new trial, plaintiff appealed.

1Opinion of the CourtJaggard, J.

In 1896 the plaintiff and appellant railway company, on notice to defendant and respondent, presented its petition to the district court, describing the route of its proposed railroad and the land of defendant it desired to appropriate, and asked the appointment of three commissioners to appraise damages. The commissioners, duly appointed, appraised defendant’s damages at $575, and in 1896 filed their report. Both parties appealed from the award. The company gave the statutory *490bond, took possession of the land, and constructed its railroad over it. The proceedings on appeal were continued…

2Cases cited51 opinions

  1. French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
  2. Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
  3. Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
  4. Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
  5. Paine v. WoodsMassachusetts Supreme Judicial Court · 1871

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3Cited by10 opinions

  1. Board of Com'rs of Dona Ana County v. GardnerNew Mexico Supreme Court · 1953
  2. State Ex Rel. State Highway Commission v. PopeMissouri Court of Appeals · 1934
  3. Tyson Creek Railroad v. Empire Mill Co.Idaho Supreme Court · 1918
  4. Gallatin Valley Electric Ry. v. NeibleMontana Supreme Court · 1919
  5. State, by G. A. Youngquist v. AndersonSupreme Court of Minnesota · 1929

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