Village of Wayzata v. Great Northern Railway Co.
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Hennepin county, Elliott, J., denying a motion for a new trial. The decision in the former action was based on the fact that it was necessary to make connection with lake traffic at that point on Lake street, and that the defendant then maintained and used these facilities for connection with such traffic.
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Appeal by plaintiff from an order of the district court for Hennepin county, Elliott, J., denying a motion for a new trial. The decision in the former action was based on the fact that it was necessary to make connection with lake traffic at that point on Lake street, and that the defendant then maintained and used these facilities for connection with such traffic. The issue in the present action is whether defendant has a right to occupy this street when it has removed all those facilities for such connection. Whether the doctrine of res judicata applies in a given case is determined by…
1Opinion of the Court
COLLINS, J.2
This action was brought to enjoin and prohibit defendant railway company from keeping and maintaining its double *387tracks and telegraph poles on Lake street, in plaintiff village, and, as a consequence, to compel the removal of said tracks and poles from said street, where they now are. It is, in the main, a renewal of the controversy which formerly existed between these parties, and was supposed to have been terminated in an action which was determined in this court in 1892. Village of Wayzata v. Great Northern Ry. Co., 50 Minn. 438, 52 N. W. 913.
The right of the defendant at that…
2Cases cited4 opinions
- Palmer v. . HusseyNew York Court of Appeals · 1882
- West v. HennesseySupreme Court of Minnesota · 1894
- Village of Wayzata v. Great Northern Ry. Co.Supreme Court of Minnesota · 1892
- Buck v. SeymourSupreme Court of Connecticut · 1878
3Cited by6 opinions
- McKnight v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1914
- Leonard v. SchallSupreme Court of Minnesota · 1916
- State ex rel. City of St. Paul v. Great Northern Railway Co.Supreme Court of Minnesota · 1916
- Kaaterud v. GilbertsonSupreme Court of Minnesota · 1905
- Reusch v. Northern Ohio Trac. & L. Co.Ohio Circuit Courts · 1912
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