City of International Falls v. Minnesota, Dakota & Western Railway Co.
Supreme Court of Minnesota
Action in the district court for Koochiching county to restrain defendant from operating its lines of railway across Fourth street, in plaintiff city, and from constructing any further lines and from in any manner interfering with or obstructing any of the streets or alleys of the city. From an order, Stanton, J., denying plaintiff’s motion for a temporary injunction and vacating the temporary restraining order, plaintiff appealed.
1Opinion of the CourtBunn, J.
This is an appeal from an order of the district court for Koochiching county denying plaintiff’s motion for an injunction pendente lite restraining defendant from building its tracks across any of the streets in the city of International Falls, and especially across Fourth street in said city. The facts, as they appear from the complaint and the affidavits considered on the hearing in the court below, are as follows:
Plaintiff is a municipal corporation under the laws of this state, and as such has the sole and exclusive control of all streets, highways, and alleys within the city. Fourth…
2Cases cited8 opinions
- City of Canton v. Canton Cotton Warehouse Co.Mississippi Supreme Court · 1904
- Minneapolis & St. Paul Suburban Railway Co. v. Manitou Forest SyndicateSupreme Court of Minnesota · 1907
- Duluth Terminal Railway Co. v. City of DuluthSupreme Court of Minnesota · 1911
- People ex rel. Frontier Electric Railway Co. v. City of North TonawandaNew York Supreme Court · 1910
- Chicago Terminal Transfer Railroad v. City of ChicagoIllinois Supreme Court · 1906
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3Cited by10 opinions
- United States v. Wheeler Tp.Court of Appeals for the Eighth Circuit · 1933
- Ackeret v. City of MinneapolisSupreme Court of Minnesota · 1915
- Chesapeake & Ohio Railway Co. v. HewinSupreme Court of Virginia · 1929
- Town of Kinghurst v. International Lumber Co.Supreme Court of Minnesota · 1928
- Soo Line Railroad v. Minnesota Department of TransportationSupreme Court of Minnesota · 1981
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