Legal Opinion

Wait v. May

Supreme Court of Minnesota

Decided February 23, 1892PublishedCited by 15 opinions

Appeal by defendant the St. Paul, Minneapolis & Manitoba Railway Company from an order of the district court of Hennepin county, Lochren, J., made April 19, 1891, refusing a new trial.

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Appeal by defendant the St. Paul, Minneapolis & Manitoba Railway Company from an order of the district court of Hennepin county, Lochren, J., made April 19, 1891, refusing a new trial. This action was commenced in August, 1888, against Charles May, Frank Bardwell, and the above-named railway company to recover the possession of the shore, and the pier built out therefrom into Lake Minnetonka, in front of lot five, in Excelsior, Minn., and to recover damages for withholding the possession, and to enjoin the railway company from operating its road over the property. The village of Excelsior was…

1Opinion of the CourtCollins, J.

In the year 1854 several persons were occupying land belonging to the general government at. a certain point on the southerly shore of Lake Minnetonka, a body of water, navigable by steamers and other water craft of considerable size. Under their direction, and by one of their number, a town site was surveyed out and platted, named “Excelsior,” and this plat was filed for record in the office of the register of deeds for the proper county June 26th of that year Upon and along the shore of the lake there was laid out a street, stated upon the plat to be 99 feet in width, named “Lake Street.”…

2Cases cited5 opinions

  1. Banks v. OgdenSupreme Court of the United States · 1865
  2. Taylor v. ArmstrongSupreme Court of Arkansas · 1863
  3. In re RobbinsSupreme Court of Minnesota · 1885
  4. Brisbine v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1876
  5. City of Winona v. HuffSupreme Court of Minnesota · 1866

3Cited by15 opinions

  1. White v. JeffersonSupreme Court of Minnesota · 1910
  2. Croucher v. WoosterMichigan Supreme Court · 1935
  3. Irvin v. CrammondIndiana Court of Appeals · 1915
  4. Owsley v. JohnsonSupreme Court of Minnesota · 1905
  5. Troska v. BrechtSupreme Court of Minnesota · 1918

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