Banse v. Town of Clark
Supreme Court of Minnesota
Appeal by defendants from an order of the district court for Faribault county, Severance, J., granting plaintiff’s motion for a new trial after directing a verdict for defendants.
1Opinion of the Court
START, O. J.
This is an action in the nature of trespass quare clausum. The *54defendants admitted that the plaintiff was the owner in fee of the locus in quo, but justified their entry thereon upon the ground that it was subject to the easement of a public highway. The existence of such highway was and is the only question in this case. The trial court held, as a matter of law, that the evidence received on the trial established the existence of such, high way, and instructed the jury to return a verdict for the defendants. The plaintiff made a motion for a new trial, and the defendants appealed…
2Cases cited5 opinions
- State v. MessengerSupreme Court of Minnesota · 1880
- Bruggerman v. TrueSupreme Court of Minnesota · 1878
- Clague v. HodgsonSupreme Court of Minnesota · 1871
- Miller v. Town of CorinnaSupreme Court of Minnesota · 1890
- State v. BruggermanSupreme Court of Minnesota · 1884
3Cited by11 opinions
- Schulte v. FitchSupreme Court of Minnesota · 1925
- State ex rel. Hunt v. City of MontevideoSupreme Court of Minnesota · 1919
- Allen v. City of PortlandOregon Supreme Court · 1899
- North Laramie Land Co. v. HoffmanWyoming Supreme Court · 1923
- In Re Improvement of Third Street, St. PaulSupreme Court of Minnesota · 1929
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