Legal Opinion

Colvill v. St. Paul & Chicago Railway Co.

Supreme Court of Minnesota

Decided October 15, 1872PublishedCited by 11 opinions

In this case, as in the cases of Simmons, and Grannis, against tbe same defendant, (18 Minn. 184; id. 194,) an appeal was taken from the report of commissioners appointed under the defendant’s charter to make an appraisal and award for lands taken by the defendant for the purpose of its road, to the district court for Goodhue county. Upon the trial the jury found a verdict for the plaintiff.

Read the full summary

In this case, as in the cases of Simmons, and Grannis, against tbe same defendant, (18 Minn. 184; id. 194,) an appeal was taken from the report of commissioners appointed under the defendant’s charter to make an appraisal and award for lands taken by the defendant for the purpose of its road, to the district court for Goodhue county. Upon the trial the jury found a verdict for the plaintiff. Defendant moved for a new trial, which was denied, and from the order denying such motion an appeal is taken to this court. The questions presented are similar to those in the' cases above mentioned, and…

1Opinion of the Court

By the Court.

Ripley, Ch. J.

The grounds of the motion for a new trial from the order denying which this appeal is taken, are:

1. Excessive damages appearing to have been given under the influence .of passion and prejudice.

2. That the verdict was not justified by the evidence, and is contrary to law.

3. Errors in law occurring at the trial and excepted to.

The first is not urged. In support of the-second it is said, that on the question of the value of the property, the whole testimony in the case shows that the damages awarded by the jury were very much in excess of a large majority of the…

2Cases cited4 opinions

  1. Carli v. Stillwater & Saint Paul RailroadSupreme Court of Minnesota · 1871
  2. Winona & St. Peter R. R. v. WaldronSupreme Court of Minnesota · 1866
  3. Simmons v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1872
  4. Wesleyan University v. Troy Conference AcademyNew York Surrogate's Court · 1858

3Cited by11 opinions

  1. San Diego Land & Town Co. v. NealeCalifornia Supreme Court · 1888
  2. Kay v. Glade Creek & R. R.West Virginia Supreme Court · 1900
  3. Curtis v. St. Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1873
  4. County of Blue Earth v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1881
  5. Greve v. First Division of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1879

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API