Legal Opinion

Whitacre v. Saint Paul & Sioux City Railroad

Supreme Court of Minnesota

Decided December 13, 1877PublishedCited by 10 opinions

Appeal by defendant from the judgment of the district court for Bamsey county, entered upon a verdict rendered upon the trial of an appeal from the award of commissioners in proceedings to condemn certain land for the use of the defendant railroad, which included interest on the verdict from the filing of the award to the entry of the said judgment.

1Opinion of the CourtCornell, J.

What matters were involved for determination on the trial of the appeal herein in the district court depends upon the following statutory provision, which is made a part of defendant’s charter by section 3, e. 73, Sp. Laws 1870: “Appeals shall bring before the appellate court the propriety of the amount of damages in respect to the parties to the appeal, and, unless the parties otherwise agree, the matter shall be submitted to a jury and tried, as other appeal cases are tried, and the court or jury, as the case may be, shall re-assess the damages aforesaid, making the verdict conform to the…

2Cases cited6 opinions

  1. Warren v. First Division of St. Paul & Pacific RailroadSupreme Court of Minnesota · 1875
  2. Curtis v. St. Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1873
  3. Sherwood v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1874
  4. St. Paul & Sioux City Railroad v. MurphySupreme Court of Minnesota · 1873
  5. Rippe v. Chicago, Dubuque & Minnesota RailroadSupreme Court of Minnesota · 1873

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3Cited by10 opinions

  1. St. Louis, El Reno & Western Railway Co. v. OliverSupreme Court of Oklahoma · 1906
  2. Commercial Station Post Office, Inc. v. United StatesCourt of Appeals for the Eighth Circuit · 1931
  3. City of Minneapolis v. WilkinSupreme Court of Minnesota · 1883
  4. Mississippi State Highway Commission v. TreasMississippi Supreme Court · 1945
  5. Ford Motor Co. v. City of MinneapolisSupreme Court of Minnesota · 1919

5 more not listed; retrieve them via the Exa API.

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