Village of Wayzata v. Great Northern Ry. Co.
Supreme Court of Minnesota
Appeal by both plaintiff and defendant from a judgment of the District Court of Hennepin Count}7, Canty, J., entered January 7, 1892. After tbe reversal in this court of the order denying plaintiff’s motion for a new trial, 46 Minn. 605, the action was again tried before the court without a jury. On January 4, 1892, the court made and filed its findings and ordered judgment for plaintiff. It was entered and both parties appealed.
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Appeal by both plaintiff and defendant from a judgment of the District Court of Hennepin Count}7, Canty, J., entered January 7, 1892. After tbe reversal in this court of the order denying plaintiff’s motion for a new trial, 46 Minn. 605, the action was again tried before the court without a jury. On January 4, 1892, the court made and filed its findings and ordered judgment for plaintiff. It was entered and both parties appealed. The thirteenth finding of fact was as follows: “ But in order to put said street in such a condition and state of repair, as not to impair or interfere with its free…
1Opinion of the CourtGilfillan, C. J.
On the plat of the village of Wayzata, Lake street is delineated thus:
As appears from this, the lake curves upon the street. At the nearest point the north line of the street is distant from high-water *442mark sixty-five feet; from low-water mark, one hundred and twenty-five feet.
On this showing the question presented is, where is the southern boundary of the street along the water, — that is, between the artificial boundaries made by the short line on the east and the short line on the west, which must be taken to mark the southern line of the street at those points? Was it intended that the…
2Cases cited4 opinions
- Schurmeier v. St. Paul & Pacific RailroadSupreme Court of Minnesota · 1865
- Union Depot, Street Railway & Transfer Co. v. BrunswickSupreme Court of Minnesota · 1883
- Carli v. Stillwater Street Railway & Transfer Co.Supreme Court of Minnesota · 1881
- State v. WaholzSupreme Court of Minnesota · 1881
3Cited by18 opinions
- State v. KorrerSupreme Court of Minnesota · 1914
- City of St. Paul v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1895
- State Ex Rel. Danielson v. Village of MoundSupreme Court of Minnesota · 1951
- County of Alameda v. Southern Pacific Co.California Supreme Court · 1961
- Farnes v. Freeman LaneSupreme Court of Minnesota · 1968
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