Coleman v. Northern Pacific Railroad
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Anoka county, Koon, J., presiding, refusing a new trial. Defendant’s railroad was located and built across plaintiff’s farm, and cattle belonging to plaintiff were killed, while upon this part of the track, by a locomotive. The question was whether the cattle or the locomotive was rightfully upon the locus in quo at the time of the accident.
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Appeal by defendant from an order of the district court for Anoka county, Koon, J., presiding, refusing a new trial. Defendant’s railroad was located and built across plaintiff’s farm, and cattle belonging to plaintiff were killed, while upon this part of the track, by a locomotive. The question was whether the cattle or the locomotive was rightfully upon the locus in quo at the time of the accident. The only claim of title by defendant was based on alleged adverse possession of its grantor the St. Paul, Minneapolis & Manitoba Ry. Co., and its predecessor, for more than 20 years.
1Opinion of the CourtMitchell, J.
If the occupant of land entered without color of title, and relies solely on his adverse possession a sufficient length of time to mature a title, he can only retain so much as he had in actual possession. To constitute adverse possession in such a ease, there must be an actual occupancy, — a pedis possessio; and the adverse possession is only co-extensive with such occupancy. In this case the St. Paul & Pacific Railroad Co., (through whom defendant claims title,) in 1862, without any color of title, entered the land of plaintiff, and constructed its railroad across it, the width' of the…
2Cited by2 opinions
- Coleman v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1888
- Hines v. SymingtonCourt of Appeals of Maryland · 1921