St. Paul & Duluth Railroad v. City of Duluth
Supreme Court of Minnesota
Action in the district court for St. Louis county to enjoin the city of Duluth and the Duluth Street Railway Company from interfering with certain railroad tracks of plaintiff in the city of Duluth. The cause came on for trial before Moer, J., without a jury; and at the conclusion of plaintiff’s testimony, the court, on motion of defendants, dismissed the action. From an order denying plaintiff’s motion for a new trial, it appealed.
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Action in the district court for St. Louis county to enjoin the city of Duluth and the Duluth Street Railway Company from interfering with certain railroad tracks of plaintiff in the city of Duluth. The cause came on for trial before Moer, J., without a jury; and at the conclusion of plaintiff’s testimony, the court, on motion of defendants, dismissed the action. From an order denying plaintiff’s motion for a new trial, it appealed. Appellant is the successor of the Lake Superior & Mississippi Railroad Company, and the possessor of all the rights, privileges and immunities of that company.…
1Opinion of the CourtBuck, J.
The St. Paul & Duluth Railroad Company, plaintiff herein, is the successor of the Lake Superior & Mississippi Railroad Company, and for many years has maintained a railroad track on Rice’s Point, in the city of Duluth, crossing two streets or highways known as “Garfield Avenue” (formerly “Third Street”) and “Arthur Avenue” (formerly “Fifth Street”). In the early part of June, 1897, the defendants tore up this railroad track where it was laid across Arthur avenue; and the plaintiff immediately replaced the track, and obtained an injunction from the court restraining the defendants from tearing…
2Cases cited2 opinions
- Town of Derby v. AllingSupreme Court of Connecticut · 1873
- Reilly v. City of RacineWisconsin Supreme Court · 1881
3Cited by9 opinions
- Village of Newport v. TaylorSupreme Court of Minnesota · 1948
- Hoverson v. HoversonSupreme Court of Minnesota · 1943
- Neill v. HakeSupreme Court of Minnesota · 1958
- Pierro v. City of MinneapolisSupreme Court of Minnesota · 1918
- Bolen v. GlassSupreme Court of Minnesota · 2008
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