Village of Ashley v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Appeal from District Court, McIntosh County, F. P. Allen, J. Defendant appeals. Villages in this state have no power to declare the necessity for the opening up or laying out of a street across an established railroad right of way.
Read the full summary
Appeal from District Court, McIntosh County, F. P. Allen, J. Defendant appeals. Villages in this state have no power to declare the necessity for the opening up or laying out of a street across an established railroad right of way. The statutes and the Constitution vest such jurisdiction in the Board of Railroad Commissioners, and when such board has heard and passed upon a petition therefor by the village, and refused same, and no appeal has been taken, the matter is closed. Comp. Laws, 1913, § 589; Beasley v. Texas & P. R. Co. 191 TJ. S. 492, 48 L. ed. 274, 24 Sup. Ct. Rep. 164; Jacquelin…
1Opinion of the CourtBirdzell, J.
This action was brought by the village of Ashley, as plaintiff, to condemn for use as a street the property of the defendant railroad company. The village ordinance, which purports to open the street, declares a necessity for the extension of Minnesota street in said village, upon and over the right of way of the defendant company for the whole of the width of said street, or 66 feet. It then proceeds to extend the street across the right of way. The defendant answered, objecting to the extension of the street across its right of way, on the grounds that it had already established and was…
2Cases cited11 opinions
- City of Bridgeport v. New York & New Haven RailroadSupreme Court of Connecticut · 1869
- City of Fort Wayne v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1892
- St. Paul Union Depot Co. v. City of St. PaulSupreme Court of Minnesota · 1883
- Cincinnati, Wabash & Michigan Railway Co. v. City of AndersonIndiana Supreme Court · 1894
- Pittsburgh, Ft. Wayne & Chicago Ry. Co. v. Sanitary DistrictIllinois Supreme Court · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Village of Reeder v. HansonNorth Dakota Supreme Court · 1927
- State v. Chicago, Milwaukee, & St. Paul Railway Co.North Dakota Supreme Court · 1917