Legal Opinion

Jacobson v. Wisconsin, Minnesota & Pacifc Railroad

Supreme Court of Minnesota

Decided April 15, 1898No. Nos. 10,925-(255)PublishedCited by 25 opinions

The act of the state legislature by virtue of which the complainant seeks to enforce the construction of the connecting track and the interchange of traffic between the defendant railway companies is in violation of section 2 of article 1 of the constitution of the State of Minnesota, in that it deprives this defendant of its business and property and the right to contract in relation thereto; and it violates section 13 of article 1 of the constitution of said state, in that…

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The act of the state legislature by virtue of which the complainant seeks to enforce the construction of the connecting track and the interchange of traffic between the defendant railway companies is in violation of section 2 of article 1 of the constitution of the State of Minnesota, in that it deprives this defendant of its business and property and the right to contract in relation thereto; and it violates section 13 of article 1 of the constitution of said state, in that it assumes to take private property for public use without just compensation. It also violates the 14th amendment to…

1Opinion of the CourtCanty, J.

The Willmar & Sioux Falls Railroad extends from Willmar, in this state, in a southwesterly direction, to Sioux Falls, in South Dakota, and is crossed nearly at right angles by the Wisconsin, Minnesota & Pacific Railroad, near Hanley Falls, in this state. The former railroad is a part of the Great Northern system of railroads, and the latter is operated in connection with the Minneapolis & St. Louis Railway, and as a part of the same. The crossing near Hanley Falls is a grade crossing, and there has never been any switch connecting the two railroads at that point.

Chapter 10, Laws 1887, as…

2Cases cited7 opinions

  1. Munn v. IllinoisSupreme Court of the United States · 1877
  2. Atchison, Topeka & Santa Fe Railroad v. Denver & New Orleans RailroadSupreme Court of the United States · 1884
  3. Steenerson v. Great Northern Railway Co.Supreme Court of Minnesota · 1897
  4. Burlington, Cedar Rapids & Northern Railway Co. v. DeySupreme Court of Iowa · 1891
  5. Michigan Central R. R. Co. v. SmithsonMichigan Supreme Court · 1881

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

3Cited by25 opinions

  1. Morgan's Louisiana & T. R. & S. S. Co. v. Railroad CommissionSupreme Court of Louisiana · 1902
  2. Railroad Commission v. Alabama Great Southern R. R.Supreme Court of Alabama · 1913
  3. North Carolina Public Service Co. v. Southern Power Co.Court of Appeals for the Fourth Circuit · 1922
  4. State ex rel. Lamar v. Jacksonville Terminal Co.Supreme Court of Florida · 1899
  5. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Railroad CommissionIndiana Supreme Court · 1908

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