Legal Opinion

Arbrush v. Town of Oakdale

Supreme Court of Minnesota

Decided May 28, 1881PublishedCited by 4 opinions

Plaintiff appealed to the district court for the county of Washington from the award of damages by the supervisors of defendant, and now appeals to this court from an order by Crosby, J., refusing a new trial. cited Simmons v. St. Paul & Chicago By. Co., 18 Minn. 184; St. Paul d Sioux City B. Co. v. Murphy, 19 Minn. 500.

1Opinion of the CourtClark, J.

An appeal was taken to the district .court of Washington county from the award of damages by the supervisors of the town of Oakdale for the taking of a strip of land, constituting a part of the plaintiff’s farm of eighty acres, for the purpose of a public highway. Upon the trial of the appeal in the court below, the only question litigated related to the amount of the plaintiff’s damages for such taking. The court laid down the rule, under the objection and exception of the plaintiff, that ihe measure of damages was the difference in value of the farm without the proposed highway, and with…

2Cases cited1 opinion

  1. Allen v. City of CharlestownMassachusetts Supreme Judicial Court · 1872

3Cited by4 opinions

  1. Cribbs v. BenedictSupreme Court of Arkansas · 1897
  2. Mantorville Railway & Transfer Co. v. Teunis SlingerlandSupreme Court of Minnesota · 1907
  3. State ex rel. Merchant v. District Court for St. Louis CountySupreme Court of Minnesota · 1896
  4. State ex rel. Chicago, Milwaukee & St. Paul Railway Co. v. ShardlowSupreme Court of Minnesota · 1890

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