Watson v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Plaintiff, as administrator of Clark W. Thompson, who died in 1885, brought this action in the district court for Faribault county, to recover possession of a strip of land in the village of Wells, 30 feet in width, and b.eing the northerly part of a tract 130 feet wide occupied by defendant, the strip in question having a side track upon it.
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Plaintiff, as administrator of Clark W. Thompson, who died in 1885, brought this action in the district court for Faribault county, to recover possession of a strip of land in the village of Wells, 30 feet in width, and b.eing the northerly part of a tract 130 feet wide occupied by defendant, the strip in question having a side track upon it. A jury was waived and the action tried by Severance, J., who found these facts: In 1869 Thompson, being owner of about 9,000 acres of land in Faribault county, and being president and general promoter of and a stockholder in the Southern Minnesota…
1Opinion of the CourtGilfillan, C. J.
There are two principal questions in the ease— First. Was there a statutory donation or grant of the land in controversy to the defendant by Clark W. Thompson, by means of the plat of the town of Wells ? Second. May a railroad corporation acquire an easement in lands by a common-law dedication of it to public use for ráilroad purposes ? For, if the second question be answered in the affirmative, there can be no doubt of the defendant’s title, as the facts found are sufficient to establish a dedication.
The first of these questions is really covered by the decision in County of Hennepin v.…
2Cases cited12 opinions
- Morgan v. Railroad Co.Supreme Court of the United States · 1878
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Pearsall v. PostNew York Supreme Court · 1838
- Daniels v. Chicago & N. W. R. R.Supreme Court of Iowa · 1872
- Williams v. School District No. 6Supreme Court of Vermont · 1860
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- People v. Ocean Shore Railroad, Inc.California Supreme Court · 1948
- Minneapolis Mill Co. v. Minneapolis & St. Louis Ry. Co.Supreme Court of Minnesota · 1892
- Cameron v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1895
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. MarbleMichigan Supreme Court · 1897
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. WarrumIndiana Court of Appeals · 1907
9 more not listed; retrieve them via the Exa API.