Barnum v. Minnesota Transfer Railway Co.
Supreme Court of Minnesota
The plaintiffs in this action are the owners of land fronting and abutting upon a public highway, commonly known as a territorial road, running from St. Paul to Minneapolis. The defendant has excavated a cut six feet deep and six hundred feet in width across this highway a short distance from the land of plaintiffs.
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The plaintiffs in this action are the owners of land fronting and abutting upon a public highway, commonly known as a territorial road, running from St. Paul to Minneapolis. The defendant has excavated a cut six feet deep and six hundred feet in width across this highway a short distance from the land of plaintiffs. Upon these facts, the plaintiffs bring this action in the district court for Ramsey county, for themselves and all others similarly situated who may choose to come in and join as plaintiffs, to require the defendant to remove the obstructions from the highway and restore the same…
1Opinion of the Court
VandeRbüRgh, J.1
We are unable to distinguish this ease from Shaubut v. St. Paul & S. C. R. Co., 21 Minn. 502. The obstruction complained of is not on or abutting the lands of any of the plaintiffs; neither is access thereto cut off by such obstruction. The inconvenience arising from the occupation and use of the street by the defendants may be experienced in a greater degree by occupants of these lands than by others whose lands are more remotely situated on the same highway, or others communicating with it, but it is the same in kind. It would be difficult to draw the line between those who…
2Cases cited1 opinion
- Shaubut v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1875
3Cited by8 opinions
- Adams v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1888
- Aldrich v. WetmoreSupreme Court of Minnesota · 1893
- Gundlach v. HammSupreme Court of Minnesota · 1895
- Shero v. CareySupreme Court of Minnesota · 1886
- Swanson v. Mississippi & Rum River Boom Co.Supreme Court of Minnesota · 1890
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