City of Duluth v. St. Paul & Duluth Railroad
Supreme Court of Minnesota
Appeal by the defendants St. Paul & Duluth Eailroad Company and Northwestern Fuel Company from an order of the District Court of St. Louis County, Stearns, J., made August 31, 1891, refusing a new trial. The city of Duluth instituted this action to remove the structures and coal bins of the Fuel Company out of the southerly end of Fifth avenue west. This avenue extends from the high lands down towards the shore of the harbor.
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Appeal by the defendants St. Paul & Duluth Eailroad Company and Northwestern Fuel Company from an order of the District Court of St. Louis County, Stearns, J., made August 31, 1891, refusing a new trial. The city of Duluth instituted this action to remove the structures and coal bins of the Fuel Company out of the southerly end of Fifth avenue west. This avenue extends from the high lands down towards the shore of the harbor. The city claimed that it extended to the navigable waters of the harbor. At right angles with this avenue and parallel with the general line of the shore was Dock…
1Opinion of the CourtDicKinson, J.
In 1871-72 the “Western Land Association of Minnesota,” owning a tract of land on the north side of the bay of ■Superior, platted it for town purposes, pursuant to the statute, giving to it the name of “Commerce Division of Duluth.” The plat was recorded, and the municipal authorities of Duluth accepted the dedication of streets and other public grounds as shown on the plat. Among these streets were two, designated respectively as “Fifth Avenue” and “Dock Street.” “Dock Street,” as platted, ran east and west, .and was the most southerly street indicated on the plat. At the place to which…
2Cases cited3 opinions
- Hanford v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1889
- Gilbert v. EldridgeSupreme Court of Minnesota · 1891
- Jacobs v. BeetonSupreme Court of Minnesota · 1889
3Cited by3 opinions
- Bradshaw v. Duluth Imperial Mill Co.Supreme Court of Minnesota · 1892
- City of Atlanta v. Texas & Pacific Railway Co.Court of Appeals of Texas · 1909
- Scranton v. Minneapolis CitySupreme Court of Minnesota · 1894