Legal Opinion

Witt v. St. Paul & Northern Pacific Railway Co.

Supreme Court of Minnesota

Decided January 10, 1888PublishedCited by 33 opinions

Plaintiff brought this action in the district court for Hennepincounty, to recover damages for the alleged trespass of the defendant.

Read the full summary

Plaintiff brought this action in the district court for Hennepincounty, to recover damages for the alleged trespass of the defendant. In his complaint, the plaintiff alleges that he was the owner of lots. 8 to 14 inclusive, in block 10 of Demmon’s addition to North Minneapolis, at the time of the alleged trespass, and that the defendant wrongfully entered upon the premises, erected and constructed high embankments with a railway track over the same, has maintained and operated its railway thereon without any compensation made to plaintiff, and has dug up and carried away large quantities of…

1Opinion of the CourtVanderburgh, J.

The plaintiff seeks to recover damages against the defendant, for certain acts of trespass to several village lots alleged to belong to him, and specifically described as lots 8, 9, 10, 11, 12, 13, and 14, in block 10, in Demmon’s addition to North Minneapolis, ■according to the recorded plat of the same. The pleadings, however, .admit that the defendant has duly taken and appropriated for its railroad, by virtue of condemnation proceedings, under Gen. St. 1878, c. 34, title 1, lot 13, the front 55 feet of lots 8 and 9, and also that part ■of the street lying in front of and adjoining lot 14,…

2Cases cited15 opinions

  1. French v. . CarhartNew York Court of Appeals · 1847
  2. Norris v. . BeyeaNew York Court of Appeals · 1855
  3. In re RobbinsSupreme Court of Minnesota · 1885
  4. Jackson ex dem. Ludlow v. MyersNew York Supreme Court · 1808
  5. Sherin v. BrackettSupreme Court of Minnesota · 1886

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

3Cited by33 opinions

  1. American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
  2. A. Leschen & Sons Rope Co. v. Mayflower Gold Mining & Reduction Co.Court of Appeals for the Eighth Circuit · 1909
  3. Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
  4. Kray v. MuggliSupreme Court of Minnesota · 1901
  5. Flaten v. MoorheadSupreme Court of Minnesota · 1892

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API