St. Paul, Minneapolis & Manitoba Railway Co. v. City of Minneapolis
Supreme Court of Minnesota
The plaintiff brought this action in the district court for Hennepin county, to restrain the defendant from opening a street across its tracks. The proceedings on the part of the defendant in laying out the street and condemning the land therefor are set out in detail in the complaint, where it is also alleged that the plaintiff, although in possession of the premises, never had any actual notice of those proceedings until the city removed its fences.
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The plaintiff brought this action in the district court for Hennepin county, to restrain the defendant from opening a street across its tracks. The proceedings on the part of the defendant in laying out the street and condemning the land therefor are set out in detail in the complaint, where it is also alleged that the plaintiff, although in possession of the premises, never had any actual notice of those proceedings until the city removed its fences. Plaintiff appeals from an order by Young and Lochren, JJ., overruling a demurrer to the answer on the ground that the complaint does not state…
1Opinion of the CourtYanderbuegh, J.
The city council of Minneapolis have laid out, and are proceeding to open, a street across the tracks and right of way of the plaintiff corporation, within the limits of the city. This action is brought to enjoin such proceedings.
1. The plaintiff claims that the opening of the street in question in the particular locality is unauthorized, because the land is already appropriated and used by the corporation for a public purpose, and that the proposed further public use of the land for a street would be inconsistent with, and subversive of, such prior public use. The demurrer to the answer…
2Cases cited7 opinions
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- City of Bridgeport v. New York & New Haven RailroadSupreme Court of Connecticut · 1869
- Owners of Ground v. Mayor of AlbanyNew York Supreme Court · 1836
- Milwaukee & St. Paul Railway Co. v. City of FaribaultSupreme Court of Minnesota · 1876
- St. Paul Union Depot Co. v. City of St. PaulSupreme Court of Minnesota · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- City of Fort Wayne v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1892
- Kennebec Water District v. City of WatervilleSupreme Judicial Court of Maine · 1902
- Minneapolis & St. Louis Railroad v. Village of HartlandSupreme Court of Minnesota · 1901
- Northwestern Telephone Exchange Co. v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1899
- Fohl v. Common Council of Village of Sleepy Eye LakeSupreme Court of Minnesota · 1900
7 more not listed; retrieve them via the Exa API.