Stuhl v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Stearns county to recover $5,000, and to enjoin defendant from using certain premises as a stockyard. The facts are stated in the opinion.
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Action in the district court for Stearns county to recover $5,000, and to enjoin defendant from using certain premises as a stockyard. The facts are stated in the opinion. The answer alleged that the stockyards in question had always been kept in a cleanly manner and no nuisance had ever been permitted in connection therewith, except such as are physically inseparable from the loading and unloading of stock upon and from the trains; that, in locating the stockyards for the accommodation of shippers and the general public, defendant excercised care and selected the most practicable place in…
1Opinion of the CourtHallam, J.
In 1909 plaintiff purchased a five-acre tract of land just outside of the platted portion of the village of Albany, and erected a dwelling house thereon which he and his-family have since occupied as a home. South of his dwelling is a public highway, and immediately south of the highway are defendant’s right of way and tracks.
In 1910 defendant constructed on its right of way, 79 feet from plaintiff’s dwelling house, a stockyard with pens and sheds for holding and loading stock. Shipments of stock are usually made twice a week during certain seasons and stock is brought and kept until…
2Cases cited23 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
- Richards v. Washington Terminal Co.Supreme Court of the United States · 1914
- Chicago v. TaylorSupreme Court of the United States · 1888
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
18 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Thomsen v. StateSupreme Court of Minnesota · 1969
- Brede v. Minnesota Crushed Stone Co.Supreme Court of Minnesota · 1919
- Vacation of Part of Town of HibbingSupreme Court of Minnesota · 1925
- King v. Stark CountyNorth Dakota Supreme Court · 1937
- Alabama Power Co. v. City of GuntersvilleSupreme Court of Alabama · 1937
15 more not listed; retrieve them via the Exa API.