Chicago Great Western Railroad v. Zahner
Supreme Court of Minnesota
After the former appeal reported in 145 Minn. 312, 177 N. W. 350, defendant’s motion for an order permitting her to amend her answer; and grantng her a new trial, and her motion to reconsider said motion and set 'aside the court’s order thereon, was denied, Dickson, J. From the orders denying these motions, defendant appealed.
1Opinion of the CourtQuinn, J.
Action in ejectment to recover possession of the parcel of land described in the complaint. The cause was tried to the district court of Ramsey county. Evidenee was taken, findings made and judgment entered in favor of defendant. There was an appeal by plaintiff to this court and it was held that the deed referred to in the pleadings conveyed only a railroad right of way easement and not the fee, and that under such deed the railroad company is entitled to the exclusive possession of the right of way easement, and that it may recover possession without showing that it has immediate need of…
2Cases cited7 opinions
- National Investment Co. v. National Savings, Loan & Building Ass'nSupreme Court of Minnesota · 1892
- Chicago Great Western Railroad v. ZahnerSupreme Court of Minnesota · 1920
- Stromme v. RieckSupreme Court of Minnesota · 1910
- Hanley v. Board of County CommissionersSupreme Court of Minnesota · 1902
- Jordan v. HumphreySupreme Court of Minnesota · 1884
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3Cited by4 opinions
- Mattson v. Underwriters at Lloyds of LondonSupreme Court of Minnesota · 1987
- Swanson v. AlworthSupreme Court of Minnesota · 1923
- Greber v. HarrisSupreme Court of Minnesota · 1926
- Mattson v. Underwriters at Lloyds of LondonSupreme Court of Minnesota · 1987