Fletcher v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Supreme Court of Minnesota
Appeals by Lafayette G-. M. Fletcher from orders of the district court for Blue Earth county, Severance, J., the one appointing commissioners in condemnation proceedings, and the other denying a motion to set aside the report of the commissioners. Order appointing commissioners confirmed. The city ordinance was an attempt on the part of the council to delegate to the company a legislative function, and hence is void.
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Appeals by Lafayette G-. M. Fletcher from orders of the district court for Blue Earth county, Severance, J., the one appointing commissioners in condemnation proceedings, and the other denying a motion to set aside the report of the commissioners. Order appointing commissioners confirmed. The city ordinance was an attempt on the part of the council to delegate to the company a legislative function, and hence is void. Oakland v. Carpentier, 13 Cal. 540; Thompson v. Schermerhorn, 6 N. Y. 92; East St. Louis v. Wehrung, 50 Ill. 28; Kinmundy v. Mahan, 72 Ill. 462; Ruggles v. Collier, 43 Mo. 353;…
1Opinion of the Court
START, C. J.2
The respondent instituted proceedings in the district court of the county of Blue Earth to condemn certain lands to enable it to change the line of its railway through the city of Mankato. On its petition, commissioners to assess the damages of the owners of such lands were, by the order of the court, appointed. The appellant, one of the landowners, appealed from the order, giving a supersedeas bond, but the respondent gave a counter bond under the provisions of G-. S. 1894, § 2613, and the commissioners proceeded with their work, assessed the damages, and made their report to…
2Cases cited8 opinions
- In re the proceedings by the St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1885
- Gurney v. Minneapolis Union Elevator Co.Supreme Court of Minnesota · 1895
- Kanne v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1885
- Scott v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1875
- Leighton v. SheldonSupreme Court of Minnesota · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Minnesota Canal & Power Co. v. Koochiching Co.Supreme Court of Minnesota · 1906
- Eyre v. City of FaribaultSupreme Court of Minnesota · 1913
- In Re Condemnation of Lands Owned by LuhrsSupreme Court of Minnesota · 1945
- Big Horn Coal Company v. SHERIDAN-WYO. COAL COMPANYWyoming Supreme Court · 1950
- State Ex Rel. Burnquist v. FuchsSupreme Court of Minnesota · 1942
9 more not listed; retrieve them via the Exa API.