Legal Opinion

State ex rel. City of St. Paul v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

Supreme Court of Minnesota

Decided February 14, 1902No. Nos. 12,834-(195)PublishedCited by 5 opinions

Alternative writ of mandamus issued out of the district court for Ramsey county on relation of the city of St. Paul, requiring defendant railway company to repair the bridge over its tracks at Edgerton street in said city, or to show cause to the contrary. The case was tried before Bunn, J., who denied a peremptory writ and' directed that the alternative writ be discharged. From an order denying- a motion for a new trial, relator appealed.

1Opinion of the CourtLewis, J.

In 1869 the St. Paul, Stillwater & Taylor’s Falls Railroad Company was incorporated to build, a railroad from St. Paul to Still-water, and in 1871 commenced proceedings of condemnation to acquire a right of way one hundred feet in width through the land in question, and during the same year the roadbed was graded *418and the track laid. Commissioners were duly appointed to assess damages to the property condemned, and on September 18, 1871, they filed their report and award, from which the owner appealed to the district court, wherefrom it was subsequently removed to the United States circuit…

2Cases cited1 opinion

  1. Whitacre v. Saint Paul & Sioux City RailroadSupreme Court of Minnesota · 1877

3Cited by5 opinions

  1. State ex rel. City of St. Paul v. Great Northern Railway Co.Supreme Court of Minnesota · 1916
  2. City of St. Paul v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1918
  3. State ex rel. Board of County Commissioners v. McKellarSupreme Court of Minnesota · 1904
  4. Drake v. City of St. PaulCourt of Appeals for the Eighth Circuit · 1933
  5. City of St. Paul v. Minnesota Transfer Railway Co.Supreme Court of Minnesota · 1923

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