Howell v. Cuyuna Northern Railway Co.
Supreme Court of Minnesota
Action in tbe district court for Crow Wing county to recover possession of land or $11,300 damages caused by tbe construction of & railroad upon it. Tbe facts are stated in tbe opinion. Tbe case was tried before MeClenahan, J., wbo ordered judgment on tbe pleadings in favor of defendant. From tbe judgment entered pursuant to tbe order for judgment, plaintiff appealed.
1Opinion of the CourtBrown, C. J.
Tbe complaint in this action alleges, in substance and effect, that ■during all tbe times therein stated plaintiff was and still is tbe owner and entitled to tbe possession of tbe land mentioned therein, and that on September 1, 1908, defendant wrongfully and unlawfully ■entered upon tbe land and constructed thereon a line of railroad and ever since has operated it as a common carrier for general commercial purposes; that no proceedings were ever bad or -taken to acquire tbe right to so occupy tbe land and no damages were ever assessed •or paid therefor; that tbe land so taken is of tbe value…
2Cases cited2 opinions
- Diamond Iron Mining Co. v. Buckeye Iron Mining Co.Supreme Court of Minnesota · 1897
- Erickson v. Michigan Land & Iron Co.Michigan Supreme Court · 1883
3Cited by3 opinions
- Orr v. BennettSupreme Court of Minnesota · 1917
- Rocky Mountain Fuel Co. v. Albion Realty & Securities Co.Court of Appeals for the Tenth Circuit · 1934
- Parish of Orleans v. FranzLouisiana Court of Appeal · 1920