C. C. Washburn Flouring Mills Co. v. Minneapolis & St. Louis Ry. Co.
Supreme Court of Minnesota
Appeal by defendants, Minneapolis & St. Louis Railway Company and W. H. Truesdale, receiver, from an order of the District Court of Hennepin County, William Lochren, L, made January 31, 1893, denying their motion for a new trial. The plaintiff, the C. C, Washburn Flouring Mills Company, is a corporation and owns three flouring mills and a grain elevator all situated upon blocks 100 and 101 in the original plat of Minneapolis.
Read the full summary
Appeal by defendants, Minneapolis & St. Louis Railway Company and W. H. Truesdale, receiver, from an order of the District Court of Hennepin County, William Lochren, L, made January 31, 1893, denying their motion for a new trial. The plaintiff, the C. C, Washburn Flouring Mills Company, is a corporation and owns three flouring mills and a grain elevator all situated upon blocks 100 and 101 in the original plat of Minneapolis. On the property were two railroad tracks extending from Eighth Avenue South in a northwesterly direction 576 feet. They were constructed in 1879 by the railway company…
1Opinion of the CourtGtlfillan, C. J.
The court having found as a fact that the plaintiff is the owner of the tracks in controversy, the only question in the case is, did the evidence justify that finding? There seems no evidence contradicting that on the part of the plaintiff, that when the grading and laying of the ties and rails on plaintiff’s land was done, in 1878 or 1879, although the work was done and materials furnished by the defendant, Washburn paid it for them. The work having been done and materials placed on plaintiff’s land, the tracks were its property, unless there w7as some agreement, express or implied, that…
2Cases cited1 opinion
- Ferman v. Lombard Investment Co.Supreme Court of Minnesota · 1894
3Cited by2 opinions
- Minneapolis Western Ry. Co. v. Minneapolis & St. Louis Ry. Co.Supreme Court of Minnesota · 1894
- Ferman v. Lombard Investment Co.Supreme Court of Minnesota · 1894