Legal Opinion

Heath v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.

Supreme Court of Minnesota

Decided July 18, 1914No. Nos. 18,691—(217)PublishedCited by 16 opinions

Action in the district court for Washington county against two railway companies. The case was tried before Stolberg, J., who made findings, and a jury to which was submitted the question of. damages only, which returned a verdict for $3,500 in favor of plaintiff. From an order denying their motion for judgment notwithstanding the verdict or for a new trial and denying their motion to strike out the findings of fact, defendants appealed.

1Opinion of the Court

Holt, J..This is an action to enjoin defendants from casting sand upon plaintiff’s land, and for damages for the injury already inflicted because of a deposit of sand thereon. Plaintiff prevailed, and defendants appeal from the order denying their alternative motion for .a judgment or a new trial.

The defendants’ right of way, where it crosses St. Croix river, runs east and west and occupies a strip off of the northerly boundary ■of government lot 3 in section 1 of township 30, range 20 west. In the spring of 1911, after defendants had acquired the right of way and constructed a high…

2Cases cited9 opinions

  1. Kindred v. Union Pacific RailroadSupreme Court of the United States · 1912
  2. Arterburn v. BeardNebraska Supreme Court · 1910
  3. Milwaukee & Northern Railroad v. StrangeWisconsin Supreme Court · 1885
  4. Karst v. St. Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1875
  5. Ziebarth v. NyeSupreme Court of Minnesota · 1890

4 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Hauenstein v. St. Paul-Mercury Indemnity Co.Supreme Court of Minnesota · 1954
  2. Minnesota Mining & Manufacturing Co. v. Travelers Indemnity Co.Supreme Court of Minnesota · 1990
  3. Marshall Produce Co. v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1959
  4. Hebert v. City of Fifty LakesSupreme Court of Minnesota · 2008
  5. Viestenz v. Arthur TownshipNorth Dakota Supreme Court · 1952

11 more not listed; retrieve them via the Exa API.

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