State ex rel. City of St. Paul v. Great Northern Railway Co.
Supreme Court of Minnesota
Upon the relation of the city of St. Paul the district court for Bamsey county granted its alternative writ of mandamus, requiring the Great Northern Bailway Company and the Northern Pacific Bailway Company to reconstruct a bridge on Seventh street over their railway tracks, in accordance with Ordinance No. 3493, or show cause why they had not done so.
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Upon the relation of the city of St. Paul the district court for Bamsey county granted its alternative writ of mandamus, requiring the Great Northern Bailway Company and the Northern Pacific Bailway Company to reconstruct a bridge on Seventh street over their railway tracks, in accordance with Ordinance No. 3493, or show cause why they had not done so. In its separate answer the Great Northern Bailway Company set up the judgment entered in that court in 1899 in an action between the same relator and some of defendants, and alleged that the judgment had never been appealed, reversed or…
1Opinion of the Court
Taylor, C.
The city of St. Paul brought this action to compel defendants to rebuild the easterly span of the bridge which carries Seventh street in that city over their tracks. The trial court made findings of fact and conclusions of law and directed the issuance of a peremptory writ of mandamus commanding them to rebuild the bridge as demanded. Defendants moved for a new trial and appealed from the order denying their motion.
*251That the facts established by the evidence and found by the court are sufficient to justify the issuance of the writ is not denied, if the city is in position to maintain…
2Cases cited18 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- NORTHERN PACIFIC RAILWAY COMPANY v. STATE OF MINNESOTA Ex Rel. THE CITY OF DULUTHSupreme Court of the United States · 1908
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
- Manhattan Life Insurance v. BroughtonSupreme Court of the United States · 1883
- Kelley v. MilanSupreme Court of the United States · 1888
13 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Montgomery County v. REVERE NATIONAL CORP., INC.Court of Appeals of Maryland · 1996
- Coolsaet v. City of VeblenSouth Dakota Supreme Court · 1929
- City of St. Paul v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1918
- City of St. Paul v. Great Northern Railway Co.Supreme Court of Minnesota · 1917
- State of Maryland Commission on Human Relations v. Baltimore City Department of Recreation & ParksCourt of Special Appeals of Maryland · 2005
10 more not listed; retrieve them via the Exa API.