Carlson v. Township of Elmo
Supreme Court of Minnesota
Enoch Carlson appealed to the district court for Otter Tail county from an order of the town board of the township of Elmo vacating a certain cartway. The appeal was heard before Parsons, J., who at the close of the testimony denied appellant’s motion to instruct the jury to reverse the action of the board of supervisors vacating the cartway, and a jury which sustained the order of the supervisors.
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Enoch Carlson appealed to the district court for Otter Tail county from an order of the town board of the township of Elmo vacating a certain cartway. The appeal was heard before Parsons, J., who at the close of the testimony denied appellant’s motion to instruct the jury to reverse the action of the board of supervisors vacating the cartway, and a jury which sustained the order of the supervisors. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.
1Opinion of the CourtBrown, C. J.
In July, 1896, plaintiff, Enoch Carlson, was and still is the owner of a farm situated in the town of Elmo, in Otter Tail county. There was no public highway leading to or from the farm, and plaintiff’s means of access to the market town of the neighborhood was over the land of adjoining owners. On July 7, of the year stated, the town board of supervisors, on a proper petition therefor, duly laid out a cartway over the land of one Iverson from a duly laid out public highway to the land of plaintiff; thus affording plaintiff a way over which he could travel without trespassing upon the land of…
2Cases cited4 opinions
- Parker v. . BanksSupreme Court of North Carolina · 1878
- Cook v. Vickers.Supreme Court of North Carolina · 1906
- Mueller v. Supervisors of CourtlandSupreme Court of Minnesota · 1912
- Henkel v. Pioneer Savings & Loan Co.Supreme Court of Minnesota · 1895
3Cited by4 opinions
- Cashman v. HedbergSupreme Court of Minnesota · 1943
- In Re Trusteeship Under Will of JonesSupreme Court of Minnesota · 1938
- Jones v. First Minneapolis Trust Co.Supreme Court of Minnesota · 1938
- In re Resolution Denying Stoick Creek, LLC's Application for a Second DrivewayCourt of Appeals of Minnesota · 2023