State ex rel. City of Fairmont v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Supreme Court of Minnesota
Upon the relation of the city of Fairmont, the district court for Martin county granted its alternative writ of mandamus directed to the Chicago, St. Paul, Minneapolis & Omaha Railway Company requiring it to pave a grade crossing in that city. The matter was heard by Dean,
1Opinion of the CourtHolt, J.
Defendant, a railroad corporation, appeals from a judgment in mandamus compelling it to pave a grade crossing in the city of Fairmont.
There is no dispute as to the facts. The city is under a home rule charter. One of its principal streets is First street running east and west. Some four blocks west of the easterly city limits, defendant’s right of way crosses the street on grade and at right angles. The ground slopes slightly towards the right of way. First street is one of the two main inlets and outlets of the city traffic. Because of the lay of the land and the quality of the soil, the…
2Cases cited10 opinions
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MinneapolisSupreme Court of Minnesota · 1911
- State ex rel. City of Duluth v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1906
- Great Northern Railway Co. v. Minnesota Ex Rel. Village of Clara CitySupreme Court of the United States · 1918
- People ex rel. City of Chicago v. Illinois Central RailroadIllinois Supreme Court · 1908
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3Cited by3 opinions
- S. C. Weber Iron & Steel Co. v. JefferyTennessee Supreme Court · 1930
- Engstrom v. Duluth, Missabe & Northern Railway Co.Supreme Court of Minnesota · 1933
- State v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1924