County of Stearns v. St. Cloud, Mankato & Austin Railroad
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Stearns county, Collins, J., presiding, overruling its demurrer to the complaint.
1Opinion of the CourtDickinson, J.
By demurrer'to the complaint, the question is presented whether an action may be prosecuted by a county, in proper form, through its board of county commissioners, to enjoin a railroad corporation from constructing and maintaining its railroad, without any lawful authority, for a distance of three miles along and through an established and travelled county road in two towns, so as to entirely destroy the road for the purposes for which it was established.
It is now well settled that, in addition to the purely legal remedies which may be resorted to in such cases, courts of equity will take…
2Cases cited1 opinion
- Rio Grande Railroad v. City of BrownsvilleTexas Supreme Court · 1876
3Cited by7 opinions
- County of Marin v. Superior CourtCalifornia Supreme Court · 1960
- City of Montpelier v. McMahonSupreme Court of Vermont · 1911
- Standard Oil Co. v. CommonwealthSupreme Court of Virginia · 1921
- State v. NelsonSupreme Court of Minnesota · 1933
- County of Sierra v. ButlerCalifornia Supreme Court · 1902
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