Chicago & North Western Railway Co. v. City of Marshall
Supreme Court of Minnesota
Having duly filed objections thereto with the council of the city of Marshall, the Chicago & North Western Railway Company appealed to the district court for Lyon county from an assessment levied against its property in that city for the cost of paving the intersections of Second and Fourth streets and its right of way. The appeal was heard by Olsen, J., who made findings and affirmed the assessment.
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Having duly filed objections thereto with the council of the city of Marshall, the Chicago & North Western Railway Company appealed to the district court for Lyon county from an assessment levied against its property in that city for the cost of paving the intersections of Second and Fourth streets and its right of way. The appeal was heard by Olsen, J., who made findings and affirmed the assessment. From the judgment entered pursuant to the order for judgment, the railway company appealed.
1Opinion of the CourtHallam, J.
Second and Fourth streets in the city of Marshall are crossed by the right of way and tracks of appellant railway company. The city of Marshall, by proper proceedings under chapter 65, p. 62, Laws 1919, paved these streets and included in the paving plan the portion of the streets crossed by the railway company’s tracks. The city authorities assessed against the railway company, not against its property, a proportion of the cost of the pavement, computed on a front foot basis. On appeal to the district court the assessment was affirmed and the railway company appeals.
The proceedings antedate…
2Cases cited3 opinions
- State ex rel. Village of Clara City v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
- City of St. Paul v. Great Northern Railway Co.Supreme Court of Minnesota · 1917
- City of St. Paul v. Great Northern Railway Co.Supreme Court of Minnesota · 1920
3Cited by1 opinion
- In Re Assessment for Improving Superior StreetSupreme Court of Minnesota · 1927