Legal Opinion

State v. Northern Pacific Railroad

Supreme Court of Minnesota

Decided July 18, 1884PublishedCited by 8 opinions

This action was brought in the district court for Ramsey county, to recover three per cent, of defendant’s gross earnings, during the year 1881, derived from its operation of the line of railroad between St. Paul and St. Cloud, owned by the St. Paul, Minneapolis & Manitoba Railway Co., and over which the defendant ran its trains by virtue of the contract between the companies stated in the opinion.

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This action was brought in the district court for Ramsey county, to recover three per cent, of defendant’s gross earnings, during the year 1881, derived from its operation of the line of railroad between St. Paul and St. Cloud, owned by the St. Paul, Minneapolis & Manitoba Railway Co., and over which the defendant ran its trains by virtue of the contract between the companies stated in the opinion. The defendant, in its answer, denied that it had any possession or control of the line, and relied on Sp. Laws 1870, c. 65, also stated in the opinion. The action was tried by Brill, J., who…

1Opinion of the Court

Gilfillan, C. J.1

The charter of the former Minnesota & Pacific Railroad Company provided that, in consideration of the grants, privileges, and franchises therein conferred on the company, “the said company shall and will, on or before the first day of March in each year, pay into the treasury of the territory or future state three per centum of the gross earnings of the said railroad for the year ending on the last day of the preceding December, in lieu of all taxes and *295assessments whatever,” and that to secure the same “the state shall have a lien upon the railroads of the said company, and…

2Cases cited2 opinions

  1. State v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
  2. Chicago, Milwaukee & St. Paul Railway Co. v. PfaenderSupreme Court of Minnesota · 1877

3Cited by8 opinions

  1. Stearns v. MinnesotaSupreme Court of the United States · 1900
  2. State v. Great Northern Railway Co.Supreme Court of Minnesota · 1908
  3. State v. Railway Express Agency, Inc.Supreme Court of Minnesota · 1941
  4. First Trust Co. v. Commonwealth Co.Court of Appeals for the Eighth Circuit · 1938
  5. State v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1915

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