Kremer v. Chicago, M. & St. P. Ry. Co.
Supreme Court of Minnesota
Appeal by defendant, The Chicago, Milwaukee and St. Paul Railway Company, from an order of the District Court of Faribault. County, Severance, J., made July 23, 1891, refusing a new trial. The plaintiff, Peter Kremer, was at the time of the commencement of this action, and had been since 1886, the owner of thirteen hundred and forty-five acres of land in sections twenty-eight, twenty-nine, thirty-two and thirty-four, in township 105, range 25, Blue Earth County, Minnesota.
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Appeal by defendant, The Chicago, Milwaukee and St. Paul Railway Company, from an order of the District Court of Faribault. County, Severance, J., made July 23, 1891, refusing a new trial. The plaintiff, Peter Kremer, was at the time of the commencement of this action, and had been since 1886, the owner of thirteen hundred and forty-five acres of land in sections twenty-eight, twenty-nine, thirty-two and thirty-four, in township 105, range 25, Blue Earth County, Minnesota. In 1870, the Minnesota and Northwestern Railroad Company entered upon the premises and graded a road diagonally across…
1Opinion of the CourtVanderburgh, J.
The plaintiff alleges that he is, and for more than three years has been, the owner of a tract of land in Blue Earth county, containing upwards of 1,300 acres, which is traversed by the defendant’s railway. The railroad was constructed upon and *20over the land before plaintiff acquired title; but it never obtained the lawful right so to do, by condemnation proceedings or otherwise, and has never paid any compensation for the land occupied by it, or for the damages caused by the construction and operation of its railway thereon. ■ He therefore seeks by this action to recover possession, to eject…
2Cases cited6 opinions
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Johnson v. SkillmanSupreme Court of Minnesota · 1882
- Lamm v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1890
- Eggleston v. New York & Harlem Rail RoadNew York Supreme Court · 1859
- Witt v. St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Cameron v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1895
- Hoyt v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1902
- Victor Co. v. State Ex Rel. HeadSupreme Court of Minnesota · 1971
- Spawn v. South Dakota Cent. Ry. Co.South Dakota Supreme Court · 1910
- Lawver v. Great Northern Railway Co.Supreme Court of Minnesota · 1910