St. Paul & Sioux City Railroad v. Murphy
Supreme Court of Minnesota
The railroad company duly instituted proceedings in the district court for Scott county, .to obtain' the right of way over the land of Richard G. Murphy, and commissioners were duly appointed, and their report was made andfiled. Murphy and the company each appealed to the district court, and both appeals were tried together resulting in a verdict in favor of Murphy for a sum greater than that awarded by the commissioners.
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The railroad company duly instituted proceedings in the district court for Scott county, .to obtain' the right of way over the land of Richard G. Murphy, and commissioners were duly appointed, and their report was made andfiled. Murphy and the company each appealed to the district court, and both appeals were tried together resulting in a verdict in favor of Murphy for a sum greater than that awarded by the commissioners. Judgment was entered upon the verdict, and the company appealed to the supreme court. The appeal was argued and submitted at the October term, 1872, and was subsequently…
1Opinion of the Court
By the Court.
Ripley, Ch. J.
The railroad company, on the 10th of November, 1870, instituted proceedings in the district court of Scott county, under Gen. Stat., ch. 34, title 1, sec. 14, et seq., as authorized by Special Laws of 1870, ch 73, sec. 3, to obtain tbe right of way over respondent’s land. By its petition it sought to “ appropriate, take and use that part of said premises [viz.: lot 2 and w. 1-2 nw. 1-4 ne. 1-4 sec. 5 in Eagle Creek in said county,) now occupied by said corporation, being a strip one hundred feet wide running across said premises, from the east to the west line of…
2Cases cited7 opinions
- Carli v. Stillwater & Saint Paul RailroadSupreme Court of Minnesota · 1871
- Winona & St. Peter R. R. v. WaldronSupreme Court of Minnesota · 1866
- Piper v. JohnstonSupreme Court of Minnesota · 1866
- Simmons v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1872
- Minnesota Valley Railroad v. DoranSupreme Court of Minnesota · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. SmithIndiana Supreme Court · 1912
- Lincoln v. CommonwealthMassachusetts Supreme Judicial Court · 1895
- Chicago & West Michigan Railway Co. v. HuncheonIndiana Supreme Court · 1892
- Garr, Scott & Co. v. SpauldingNorth Dakota Supreme Court · 1892
- Sherwood v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1874
8 more not listed; retrieve them via the Exa API.