Kremer v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Appeal by defendant, the Chicago, Milwaukee & St. Paul Railway Company from an order of the District Court of Faribault County, M. J. Severance, J., made March 13, 1893, striking from the files its demand for a second trial. The plaintiff, Peter Kremer, brought this action to recover possession of a strip of land one hundred feet wide running across his farm and Qccupied by defendant for its line of railway from Wells to Mankato.
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Appeal by defendant, the Chicago, Milwaukee & St. Paul Railway Company from an order of the District Court of Faribault County, M. J. Severance, J., made March 13, 1893, striking from the files its demand for a second trial. The plaintiff, Peter Kremer, brought this action to recover possession of a strip of land one hundred feet wide running across his farm and Qccupied by defendant for its line of railway from Wells to Mankato. The answer put in issue the plaintiff’s title to this strip of land and alleged that its railway was built over it and operated with his consent. The answer then…
1Opinion of the CourtMitchell, J.
The question presented on this appeal is whether a defendant railway company is entitled, under 1878 G. S. ch. 75, § 11, to a second trial of an action against it for the recovery of real property, where, in its answer, in addition to putting in issue plaintiff’s right of recovery, it also, under the provisions! of 1878 G. S. ch. 34, § 34, asks for an assessment of the compensation to be paid for taking the land for railway purposes, in case the plaintiff on the trial establishes his right to recover. We are compelled to the conclusion that this question must be answered in the affirmative.…
2Cases cited2 opinions
- Koerper v. St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1889
- Hewitt v. Wisconsin River Land Co.Wisconsin Supreme Court · 1892
3Cited by3 opinions
- Sammons v. PikeSupreme Court of Minnesota · 1908
- Connecticut Mutual Life Insurance v. KingSupreme Court of Minnesota · 1900
- Schons v. Village of KelloggSupreme Court of Minnesota · 1895