Milwaukee & St. Paul Railway Co. v. City of Faribault
Supreme Court of Minnesota
This action was brought in the district court for Rice county, to restrain the defendant from carrying into effect an ordinance providing for the opening of a street east and west across plaintiff’s depot grounds, in the city of Faribault. These grounds, 1,340 feet in length from north to south, were acquired by the Minnesota Central Railroad Company, (to whoso rights the plaintiff has succeeded) by condemnation under its charter.
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This action was brought in the district court for Rice county, to restrain the defendant from carrying into effect an ordinance providing for the opening of a street east and west across plaintiff’s depot grounds, in the city of Faribault. These grounds, 1,340 feet in length from north to south, were acquired by the Minnesota Central Railroad Company, (to whoso rights the plaintiff has succeeded) by condemnation under its charter. On the trial before Lord, J., it appeared, and was found by the court, that the opening of the proposed street would seriously interfere with the plaintiff’s use of…
1Opinion of the CourtCornell, J.
It is conceded that the public easement in the original street became fully extinguished upon its vacation as such, and no point is made that the legal rights of the company in respect to the strip of land now sought to *169be taken are any other or different than those acquired over the rest of its depot grounds, by condemnation proceedings under its charter. The fact that such strip was formerly subjected to the easement of a public street is, therefore, of no importance whatever in this case.
The entire length, north and south, of plaintiff’s depot grounds at this place is only some 1,340 feet,…
2Cases cited2 opinions
- City of Bridgeport v. New York & New Haven RailroadSupreme Court of Connecticut · 1869
- Matter of Boston and Albany R.R. Co.New York Court of Appeals · 1873
3Cited by35 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Minnesota Canal & Power Co. v. Koochiching Co.Supreme Court of Minnesota · 1906
- Fairchild v. City of St. PaulSupreme Court of Minnesota · 1891
- St. Paul Union Depot Co. v. City of St. PaulSupreme Court of Minnesota · 1883
- Minneapolis & St. Louis Railroad v. Village of HartlandSupreme Court of Minnesota · 1901
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