Greve v. First Division of the St. Paul & Pacific Railroad
Supreme Court of Minnesota
The defendant having instituted proceedings to condemn certain land of the plaintiff Mary Greve, over which it had long before constructed and operated its railroad, she and her husband appealed to the district court for Bamsey county, where the case was tried before Wilkin, J., and a jury.
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The defendant having instituted proceedings to condemn certain land of the plaintiff Mary Greve, over which it had long before constructed and operated its railroad, she and her husband appealed to the district court for Bamsey county, where the case was tried before Wilkin, J., and a jury. The plaintiffs requested the court to instruct the jury that the roadbed, ties and iron placed on the land in question by the defendant and remaining annexed thereto when the report of the commissioners was filed, were part of the realty, and belonged to the owner of the land; and that allowance must be…
1Opinion of the Court
Gilfillan, O. <T.
It appears that, prior to instituting any proceedings to ascertain and pay the compensation to be paid for taking the land in controversy, the defendant, the railroad company, constructed and was operating its road across such land. It instituted such proceedings in 1870, and in those proceedings the question arises, is the owner entitled to have the amount which the company must pay for the right of way estimated upon the basis of the value of the land, including the road-bed,^ties, rails, etc., -laid on it by the company, or of the value of the land without those…
2Cases cited6 opinions
- Warren v. First Division of St. Paul & Pacific RailroadSupreme Court of Minnesota · 1875
- Brisbine v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1876
- Gray v. First Division of the St. Paul & Pacific R. R.Supreme Court of Minnesota · 1868
- Scott v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1875
- Colvill v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Cohen v. St. Louis, Fort Scott & Wichita RailroadSupreme Court of Kansas · 1885
- Port Huron & South-Western Railway Co. v. VoorheisMichigan Supreme Court · 1883
- Chicago & Alton Railroad v. GoodwinIllinois Supreme Court · 1884
- Jacksonville, Tampa & Key West Railway Co. v. AdamsSupreme Court of Florida · 1891
- St. Louis, Kansas & Southwestern Railroad v. NyceSupreme Court of Kansas · 1900
13 more not listed; retrieve them via the Exa API.