Legal Opinion

Adolph v. Minneapolis & Pacific Railway Co.

Supreme Court of Minnesota

Decided December 9, 1889PublishedCited by 3 opinions

Appeal by defendant from an order of tbe district court for Steams county, refusing a new trial after a trial before Searle, J., and verdict rendered as follows: “We tbe jury in the above-entitled action find a verdict for the plaintiff, and assess tbe amount of ■ damages she is entitled to recover at the sum of $500.00.”

1Opinion of the CourtGilfillan, C. J.

This action was brought to recover possession of a strip of land 100 feet wide, and containing about 2f acres, and extending across a 40-acre tract, described as the N. W. £ of the N. E. J of section 10, township 121. The complaint alleges the plaintiff to be the owner in fee of all of the 40, and that possession of the strip is unlawfully withheld by defendant. The answer admits the taking and withholding, and alleges that the strip was taken for railroad purposes, as a right of way; that no compensation has been made for the taking; and it puts in issue plaintiff’s title. It asks that the…

2Cited by3 opinions

  1. Trustees of First Presbyterian Church v. United States Fidelity & Guaranty Co.Supreme Court of Minnesota · 1916
  2. Adolph v. Minneapolis & Pacific Railway Co.Supreme Court of Minnesota · 1894
  3. Fish v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Minnesota · 1901

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