Heinzman v. Winona & St. Peter Railway Co.
Supreme Court of Minnesota
Action in the district court for Blue Earth county for an injunction restraining defendant from taking possession of a strip of land for the purposes of its right of way. The cause was tried before. Severance, J., without a jury, who ordered judgment.in favor of plaintiff. From the judgment entered pursuant thereto, defendant appealed.
1Opinion of the CourtCanty, J.
The right of way of the defendant’s railroad is laid out across a certain 40 acres of land. All of this 40, except the right of way, is owned by plaintiff. For 25 years before the commencement of this action, defendant had maintained a fence on each side, of its track across this 40, each fence being 50 feet from the middle of the track, thereby enclosing a strip 100 feet wide as a right of way.
*254Defendant, claiming that its right of way was in fact 300 feet wide, — 150 feet on each side of the middle line of its tracks, — proceeded to take in and inclose, as a part of such right of way, a…
2Cited by2 opinions
- Rio Grande Western Railway Co. v. Salt Lake Investment Co.Utah Supreme Court · 1909
- Colliton v. OxboroughSupreme Court of Minnesota · 1902