City of St. Paul v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county against two railway companies to recover $6,127.81 expended by plaintiff in rebuilding the Westminster street bridge over their tracks. The separate answers alleged that in a certain mandamus proceeding, where the issues of fact and law were determined by the court, judgment was entered upon the merits, by which it was determined that no obligation rested on the railroad companies to maintain or keep the bridge in repair.
Read the full summary
Action in the district court for Ramsey county against two railway companies to recover $6,127.81 expended by plaintiff in rebuilding the Westminster street bridge over their tracks. The separate answers alleged that in a certain mandamus proceeding, where the issues of fact and law were determined by the court, judgment was entered upon the merits, by which it was determined that no obligation rested on the railroad companies to maintain or keep the bridge in repair. The case was tried before Haupt, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded.…
1Opinion of the Court
Taylor, C.
In 1915 it became necessary to reconstruct the southerly span of the bridge which carries Westminster street in the city of St. Paul over the tracks of defendants, and the city passed an ordinance requiring defendants to rebuild it. They refused to do so, and thereupon the city rebuilt it and then brought this action to recover the expense incurred. The city recoyered a .judgment in the district court and defendants appealed.
The defendants rest their case upon the proposition that the city is estopped and barred from maintaining this action by a judgment entered in the district…
2Cases cited10 opinions
- NORTHERN PACIFIC RAILWAY COMPANY v. STATE OF MINNESOTA Ex Rel. THE CITY OF DULUTHSupreme Court of the United States · 1908
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
- Union Bank of Richmond v. Commissioners of OxfordSupreme Court of North Carolina · 1896
- Kelley v. MilanSupreme Court of the United States · 1888
- Lawrence Manufacturing Co. v. Janesville Cotton MillsSupreme Court of the United States · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Montgomery County v. REVERE NATIONAL CORP., INC.Court of Appeals of Maryland · 1996
- Mellette County v. ArnoldSouth Dakota Supreme Court · 1956
- Coolsaet v. City of VeblenSouth Dakota Supreme Court · 1929
- Union Traction Co. v. City of MuncieIndiana Court of Appeals · 1921
- Moskovitz v. City of St. PaulSupreme Court of Minnesota · 1944
7 more not listed; retrieve them via the Exa API.