Town of Campbell v. Waite
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Wilkin "county, Flaherty, J., denying a motion for a new trial.
1Opinion of the CourtBrown, J.
This was an action to restrain and enjoin defendant from interfering in any way with the free use of a public highway. The action was tried below without a jury, plaintiff recovered, and defendant appeals from an order denying a new trial.
Whether the locus in quo is a public highway is the principal question in the case. It is claimed on the part of plaintiff that it is, and this contention is based upon two grounds: (1) That the same was duly opened as such in the year 1880 by the town board *255of supervisors, acting under and pursuant to G. S. 1894, § 1875; and (2) if the action of such board…
2Cases cited5 opinions
- Missouri, Kansas & Texas Trust Co. v. McLachlanSupreme Court of Minnesota · 1894
- Ziebarth v. NyeSupreme Court of Minnesota · 1890
- Giermann v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1889
- Cushing v. CableSupreme Court of Minnesota · 1893
- Kinney v. MathiasSupreme Court of Minnesota · 1900
3Cited by3 opinions
- Graphic Arts Educational Foundation, Inc. v. StateSupreme Court of Minnesota · 1953
- Pavelka v. PavelkaSupreme Court of Minnesota · 1911
- Hess v. StockardSupreme Court of Minnesota · 1906