County of Blue Earth v. St. Paul & Sioux City Railroad
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Blue Earth county, Dickinson, J., presiding, refusing a new trial. The case is stated in the opinion. The county could not acquire title in fee-simple, with the full power of a private owner to dispose of and use it for business purposes. Its title is that of a trustee for limited and special public uses.
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Appeal by defendant from an order of the district court for Blue Earth county, Dickinson, J., presiding, refusing a new trial. The case is stated in the opinion. The county could not acquire title in fee-simple, with the full power of a private owner to dispose of and use it for business purposes. Its title is that of a trustee for limited and special public uses. Williams v. Lash, 8 Minn. 441 (496;) Shelley v. Lash, 14 Minn. 498; James v. Wilder, 25 Minn. 805 ; City of Winona v. Huff, 11 Minn. 75 (119;) Schurmeier v. St. Paul A Pacific R. Co., 10 Minn.-59 (82;) Gilbert v. Kennedy, 22 Mich.…
1Opinion of the Court
Mitchell, J.*
This was an action for damages for an alleged trespass by defendant, in building and operating a railroad upon the premises of plaintiff. The defendant, by its answer, converts the action into one for the condemnation of the premises for the purposes of its road, pursuant to the provisions of Gen. St. 1878, c. 34, §§ 33, 34, thus rendering the amount or measure of compensation which plaintiff was entitled to recover the main question of the case. The controlling consideration in the determination of this question is the nature and extent of plaintiff’s interest and estate in…
2Cases cited4 opinions
- Isom v. Mississippi Central RailroadMississippi Supreme Court · 1858
- Bangor & Piscataquis Railroad v. McCombSupreme Judicial Court of Maine · 1872
- Curtis v. St. Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1873
- Colvill v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1872
3Cited by18 opinions
- Adams v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1888
- San Antonio & Aransas Pass Railway Co. v. RubyTexas Supreme Court · 1891
- State Highway Commission v. DealOregon Supreme Court · 1951
- Chicago, Milwaukee & St. Paul Railway Co. v. Randolph Town-Site Co.Supreme Court of Missouri · 1890
- Lewisburg & N. R. v. HindsTennessee Supreme Court · 1915
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