Legal Opinion

Carli v. Stillwater & Saint Paul Railroad

Supreme Court of Minnesota

Decided January 15, 1871PublishedCited by 32 opinions

The plaintiff in this case appealed from an award of commissioners assessing the damages for land taken by-defendant for its road. The appeal was tried before a jury, and resulted in a verdict for plaintiff, giving him a much larger sum than the award as damages.The defendant made a motion for a new trial, which was granted; and the plaintiff appeals from the order granting the same, to this court.

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The plaintiff in this case appealed from an award of commissioners assessing the damages for land taken by-defendant for its road. The appeal was tried before a jury, and resulted in a verdict for plaintiff, giving him a much larger sum than the award as damages.The defendant made a motion for a new trial, which was granted; and the plaintiff appeals from the order granting the same, to this court. The case, in regard to the questious decided on the appeal, is fully stated in the opinion of the court.

1Opinion of the Court

*262 By the Court

McMillan, J.

An award was made by commissioners appointed, on the application of the Still-water & Saint Paul Railroad Company, to assess the damages to certain lands taken by the railroad company for the purposes of its road.

Carli appealed from the award of the commissioners to the district court; the appeal was tried by jury, and resulted in a verdict in favor of Carli for $7,413.80. On motion of the respondent — no person appearing for the appellant at the hearing — a new trial was granted by the district court, and from the order granting a new trial, Carli took an appeal to…

2Cases cited1 opinion

  1. Winona & St. Peter Railroad v. DenmanSupreme Court of Minnesota · 1865

3Cited by32 opinions

  1. State v. GardnerSupreme Court of Minnesota · 1902
  2. Brazos River Conservation & Reclamation Dist. v. HarmonCourt of Appeals of Texas · 1944
  3. State v. OlsonSupreme Court of Minnesota · 1966
  4. Stejskal v. DarrowNorth Dakota Supreme Court · 1927
  5. Weir v. St. Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1872

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