Leber v. Minneapolis & Northwestern Railway Co.
Supreme Court of Minnesota
Plaintiff was the owner of certain land in Hennepin county which was under cultivation, and at the time of the trespass complained of, as appears from the uneontradieted testimony of plaintiff, the land was covered with a' large number of cultivated grapevines, with fruit trees, crops and vegetables.
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Plaintiff was the owner of certain land in Hennepin county which was under cultivation, and at the time of the trespass complained of, as appears from the uneontradieted testimony of plaintiff, the land was covered with a' large number of cultivated grapevines, with fruit trees, crops and vegetables. Between July 1 and October 1, 1880, a force of men, engaged in constructing the railroad of defendant, entered upon this land, destroying the vines, trees and crops, and making an excavation. Proceedings to condemn this land having been instituted by defendant, an award was filed on October 1,…
1Opinion of the CourtBerry, J.
1. The plaintiff complains that between July 1 and October 1, 1880, defendant, .“with its agents, contractors, and large force of men,” entered upon his land and committed trespasses by digging, etc. Defendant answers that the acts complained of were done by subcontractors of a railroad company with which defendant had contracted for the construction of a railroad from Minneapolis to Osseó, which defendant was engaged in constructing, and that, in order to construct the same, it was necessary to enter upon plaintiff’s land and dig, etc. This is in effect an admission that the wort…
2Cases cited4 opinions
- Gray v. First Division of the St. Paul & Pacific R. R.Supreme Court of Minnesota · 1868
- Sherwood v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1874
- Hursh v. First Division of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1871
- Conter v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1876
3Cited by9 opinions
- Northern States Power Co. v. FranklinSupreme Court of Minnesota · 1963
- Ford Motor Co. v. City of MinneapolisSupreme Court of Minnesota · 1919
- Kanne v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1885
- Emmons v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1889
- Pettingill Theatre Co. v. City of MinneapolisSupreme Court of Minnesota · 1959
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