City of St. Paul v. St. Paul City Railway Co.

Matson, Justice.

Appeal by defendant, St. Paul City Railway Company, from a declaratory judgment declaring the respective rights of defendant and of plaintiff, City of Saint Paul, in the Selby Avenue tunnel and that portion of Selby Avenue occupied by the tunnel and formerly used by the defendant for a street railway line. For convenience, plaintiff will hereinafter be designated as the city and the defendant as the street railway.

The tunnel is located on, and within the boundaries of, that portion of Selby Avenue which extends from Third Street to a point just west of Summit Avenue. Both…