Downer v. St. Paul & Chicago Railway Co.
Supreme Court of Minnesota
The plaintiff having appealed to the district court for "Wabasha county, from the commissioners’ award of compensation (one dollar) for the taking of certain land for the purposes of its railway, the action was tried before Van JDyJce, J., and a jury. The plaintiff introduced evidence tending to prove that long prior to the taking of the land by defendant the plaintiff’s assignor ivas owner of a larger tract, including the premises in question.
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The plaintiff having appealed to the district court for "Wabasha county, from the commissioners’ award of compensation (one dollar) for the taking of certain land for the purposes of its railway, the action was tried before Van JDyJce, J., and a jury. The plaintiff introduced evidence tending to prove that long prior to the taking of the land by defendant the plaintiff’s assignor ivas owner of a larger tract, including the premises in question. To prove that such premises had been dedicated by plaintiff’s assignor to the public, prior to the taking, the defendant offered in evidence the plat…
1Opinion of the CourtCornell, J.
On the trial defendant offered in evidence “ the record of the plat of Pepin for the sole purpose of *252proving a statutory dedication of the premises or parcel of land in controversy to public use.” The court received it, against plaintiff’s objection, and “decided and ruled that said record of said plat should be received as evidence of a statutory dedication of the premises in question to public use.” The question raised by the record, argued by counsel, and which this court is called upon .to determine, relates to the correctness of this ruling.
To effect a statutory dedication the statute…
2Cases cited3 opinions
- Village of Mankato v. MeagherSupreme Court of Minnesota · 1871
- Baker v. City of St. PaulSupreme Court of Minnesota · 1863
- City of Belleville v. StookeyIllinois Supreme Court · 1860
3Cited by5 opinions
- In Re Petition of SchallerSupreme Court of Minnesota · 1935
- De Mers v. DanielsSupreme Court of Minnesota · 1888
- Downer v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1877
- Village of Buffalo v. HarlingSupreme Court of Minnesota · 1892
- Doyle v. BabcockSupreme Court of Minnesota · 1931