Hunt v. Keye
Supreme Court of Minnesota
Action in the district court for Marshall county to restrain defendant from trespassing and $300 treble damages. The case was tried before G-rindeland, J., who at the close of the testimony discharged the jury on the ground that if plaintiff was entitled to recover at all it would be only nominal damages, made findings and ordered judgment in favor of defendant. Plaintiff’s motion for amended findings or for a new trial was denied.
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Action in the district court for Marshall county to restrain defendant from trespassing and $300 treble damages. The case was tried before G-rindeland, J., who at the close of the testimony discharged the jury on the ground that if plaintiff was entitled to recover at all it would be only nominal damages, made findings and ordered judgment in favor of defendant. Plaintiff’s motion for amended findings or for a new trial was denied. From the order denying his motion for a new trial, plaintiff appealed.
1Opinion of the Court
Tati,or, C.
The controversy in this case is over the location of a boundary line in the townsite of Middle River located in the south half of the southwest quarter of section 10 in township 156 north of range 48 west in Marshall county. The townsite was platted two years or more after the St. Paul, Minneapolis & Manitoba Railway had been constructed across this section, and lies on both sides of the railroad right of way. A copy of the plat will be found on page 144:
*144
*145Ash avenue, 50 feet in width, extends along the eastern side of the railroad right of way parallel with the railroad track.…
2Cases cited4 opinions
- Sandretto v. WahlstenSupreme Court of Minnesota · 1914
- Lawler v. Counties of RiceSupreme Court of Minnesota · 1920
- Ziegler v. PhillipsSupreme Court of Minnesota · 1920
- Obert v. Board of County CommissionersSupreme Court of Minnesota · 1913
3Cited by3 opinions
- Hoke v. WelshNebraska Supreme Court · 1956
- Neill v. HakeSupreme Court of Minnesota · 1958
- Korroll v. Trustees of School District No. 24Supreme Court of Minnesota · 1928