Fish v. Chicago, St. Paul & Kansas City Railway Co.
Supreme Court of Minnesota
Action of ejectment in the district court for Ramsey county. Defendant answered pursuant to the provisions of G. S. 1894, § 2658, denying plaintiff’s title, admitting defendant’s taking and occupation of the premises for railway purposes and offering to pay such compensation as might be determined by the jury in case plaintiff should be found to be the owner.
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Action of ejectment in the district court for Ramsey county. Defendant answered pursuant to the provisions of G. S. 1894, § 2658, denying plaintiff’s title, admitting defendant’s taking and occupation of the premises for railway purposes and offering to pay such compensation as might be determined by the jury in case plaintiff should be found to be the owner. The case was tried before Bunn, J., and a jury, which rendered a verdict in favor of plaintiff for $1,303.13. From an order denying a motion for judgment in its favor notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtLewis, J.
Upon the former trial of this action the validity of Laws 1899, c. 284, was called into question, and it was decided (82 Minn. 9,- 84 N. W. 458) that the act was valid, and applied to private parties in civil actions. Upon this appeal, the ultimate question involved is whether or not the premises claimed by plaintiff, and which are admitted to be occupied by defendant, were located south of the north boundary of the south % of the- southwest % of section 5. Three points have been raised by assignments of error:
1. Was- it error to receive in evidence the “old brown map” obtained from the…
2Cases cited5 opinions
- County of Blue Earth v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1881
- Fish v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Minnesota · 1900
- Leber v. Minneapolis & Northwestern Railway Co.Supreme Court of Minnesota · 1882
- Morin v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1882
- Adolph v. Minneapolis & Pacific Railway Co.Supreme Court of Minnesota · 1889
3Cited by2 opinions
- Brooks Investment Co. v. City of BloomingtonSupreme Court of Minnesota · 1975
- State Highway Commission v. StumboOregon Supreme Court · 1960