Legal Opinion

Minneapolis Western Railway Co. v. Minneapolis & St. Louis Railway Co.

Supreme Court of Minnesota

Decided June 28, 1895No. Nos. 9510, 9511, 9512—(108, 109, 110)PublishedCited by 12 opinions

Three appeals from the district court for Heunepiu county, Smith, J. (1) Petition by Minneapolis & St. Louis Railway Company, and W. TL Truesdale as its receiver, defendants in an action for ejectment brought by Minneapolis Western Railway Company against said defendants and another, for the appointment of commissioners to determine the compensation to he paid by petitioners for appropriating to railroad use by petitioners certain lands referred to in the opinion as the…

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Three appeals from the district court for Heunepiu county, Smith, J. (1) Petition by Minneapolis & St. Louis Railway Company, and W. TL Truesdale as its receiver, defendants in an action for ejectment brought by Minneapolis Western Railway Company against said defendants and another, for the appointment of commissioners to determine the compensation to he paid by petitioners for appropriating to railroad use by petitioners certain lands referred to in the opinion as the “33-feet strip,” and for the determination of the right to use said lands jointly with plaintiff railway company. Plaintiff…

1Opinion of the CourtBuck, J.

There are three appeals before this court upon the same subject-matter, and which, by the agreement of the parties, are to be considered together, as each is dependent upon the other, and the question at issue cannot be well understood and determined without reference to the record in all. There does not appear to be much controversy as to the facts. The question involved in the appeals is whether the appellant railway company has the right to condemn certain land for railroad use.

These appeals came before this court from the following described proceedings: First. A petition in the ejectment…

2Cases cited2 opinions

  1. St. Paul Union Depot Co. v. City of St. PaulSupreme Court of Minnesota · 1883
  2. Minneapolis Western Ry. Co. v. Minneapolis & St. Louis Ry. Co.Supreme Court of Minnesota · 1894

3Cited by12 opinions

  1. Samish River Boom Co. v. Union Boom Co.Washington Supreme Court · 1903
  2. Stewart v. Great Northern Railway Co.Supreme Court of Minnesota · 1896
  3. Northwestern Telephone Exchange Co. v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1899
  4. Minnesota Power & Light Co. v. StateSupreme Court of Minnesota · 1929
  5. Matter of City of ShakopeeSupreme Court of Minnesota · 1980

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