Carli v. Stillwater Street Railway & Transfer Co.
Supreme Court of Minnesota
Plaintiff is and has been for many years the owner of certain lots in the city of Stillwater, which abut on Lake St. Croix, which is navigable water, and front on Main street. These lots are cut into two parts by an alley, thirty feet wide, running parallel to the lake, and the portions between the alley and the shore are valuable for use and are used in connection with navigation, and are approached • on the land side by means of the alley.
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Plaintiff is and has been for many years the owner of certain lots in the city of Stillwater, which abut on Lake St. Croix, which is navigable water, and front on Main street. These lots are cut into two parts by an alley, thirty feet wide, running parallel to the lake, and the portions between the alley and the shore are valuable for use and are used in connection with navigation, and are approached • on the land side by means of the alley. As stated in the opinion, this alley has been in use as a public street for more than fifteen years, and is “made land,” having been originally covered…
1Opinion of the CourtClark, J.
1. It is the law of this state that the construction and maintenance of an ordinary railroad by legislative authority upon a public street is the imposition of an additional servitude upon the soil, so as to entitle the owner of the servient estate to compensation. Schurmeier v. St. Paul & Pacific R. Co., 10 Minn. 59 (82;) Winona & St. Peter R. Co. v. Denman, Id. 208 (267;) Gray v. First Division St. Paul & Pacific R. Co., 13 Minn. 315; Harrington v. St. Paul & Sioux City R. Co., 17 Minn. 215; Adams v. Hastings & Dakota R. Co., 18 Minn. 260; Kaiser v. St. Paul, Stillwater & Taylor’s Falls R.…
2Cases cited9 opinions
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Bidwell v. WebbSupreme Court of Minnesota · 1865
- Harrington v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1871
- Brisbine v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1876
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3Cited by32 opinions
- Adams v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1888
- Hanford v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1889
- Union Depot, Street Railway & Transfer Co. v. BrunswickSupreme Court of Minnesota · 1883
- State v. Duluth Gas & Water Co.Supreme Court of Minnesota · 1899
- Newell v. Minneapolis, Lyndale & Minnetonka Railway Co.Supreme Court of Minnesota · 1886
27 more not listed; retrieve them via the Exa API.