McRoberts v. Southern Minnesota Railroad
Supreme Court of Minnesota
Thomas McRoberts, who sues for himself and his associates, who form an unincorporated association, commonly known as the La Crescent Company, claiming that he and his association own the exclusive right to run a ferry boat across the Mississippi River within certain boundaries, and that the defendant was infringing on such right, brought this action to restrain the defendant, &c. A trial was had before the court, resulting in a finding for the plaintiff.
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Thomas McRoberts, who sues for himself and his associates, who form an unincorporated association, commonly known as the La Crescent Company, claiming that he and his association own the exclusive right to run a ferry boat across the Mississippi River within certain boundaries, and that the defendant was infringing on such right, brought this action to restrain the defendant, &c. A trial was had before the court, resulting in a finding for the plaintiff. The defendant made a motion for a new trial, which was denied, and it appeals from the order denying the same.
1Opinion of the Court
By the Court.
Ripley, Ch. J.
The first point made on this appeal, viz.: That the action cannot be maintained because of the want of proper parties plaintiff, as appears from the complaint itself, is not open to the appellant. The objection not having been taken by demurrer or answer, is waived. Gen. Stab., ch. 66, 74-78.
The next is, that appellant has a prior and superior right to operate a boat for the transportation of passengers and freight ■ across the Mississippi River at the place, and as it is now doing, of which respondent complains. The place is the west bank of the Mississippi River,…
2Cases cited1 opinion
- Southern Minnesota Railroad v. StoddardSupreme Court of Minnesota · 1861
3Cited by8 opinions
- Baldwin v. CanfieldSupreme Court of Minnesota · 1879
- Jackson v. BadgerSupreme Court of Minnesota · 1886
- Segelbaum v. SegelbaumSupreme Court of Minnesota · 1888
- Goodnow v. Empire Lumber Co.Supreme Court of Minnesota · 1884
- Roberts v. Mazeppa Mill Co.Supreme Court of Minnesota · 1883
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