Witt v. St. Paul & Northern Pacific Railway Co.
Supreme Court of Minnesota
An award having been duly filed in the district court for Hennepin county, in proceedings instituted therein by the St. Paul & Northern Pacific Railway Company to acquire for its uses certain lands, an appeal was taken therefrom by Charles Witt as to the damages awarded for certain land of which he was the owner.
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An award having been duly filed in the district court for Hennepin county, in proceedings instituted therein by the St. Paul & Northern Pacific Railway Company to acquire for its uses certain lands, an appeal was taken therefrom by Charles Witt as to the damages awarded for certain land of which he was the owner. The appeal was tried in the district court before a jury, who on October 29,1885, rendered a verdict increasing the award from $200 to $1,250. On October 30, 1885, the railway company served notice on Witt that it abandoned the condemnation proceedings as to the land in question.…
1Opinion of the CourtVanderburgh, J.
1. The respondent moves to dismiss the appeal, on the ground that the judgment entered herein, upon the verdict of the jury, in pursuance of Gen. St. c. 34, § 26, is not appealable. We are of the opinion that when cases of this character are brought into the district court, for trial of the issue in respect to the amount of the land-owner’s damages, they should, for the purposes of appeal, be treated as actions commenced in the district court. The statute provides what the issue shall be, and the trial is to proceed in that court “as in other appeal cases.” These provisions of the statute are…
2Cases cited5 opinions
- In the Matter of Comrs. Wash. ParkNew York Court of Appeals · 1874
- Matter of Rhinebeck Connecticut R.R. Co.New York Court of Appeals · 1876
- Conter v. Saint Paul & Sioux City RailroadSupreme Court of Minnesota · 1877
- Curtis v. Saint Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1875
- County of Ramsey v. SteesSupreme Court of Minnesota · 1880
3Cited by15 opinions
- Thompson v. JanesTexas Supreme Court · 1952
- State Ex Rel. McFarland v. ErskineSupreme Court of Minnesota · 1925
- United States v. 412.715 ACRES OF LAND, ETC.District Court, N.D. California · 1943
- County of Hennepin v. MikulaySupreme Court of Minnesota · 1972
- Independent School District No. 273 v. GrossSupreme Court of Minnesota · 1971
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