City of Duluth v. St. Paul & D. R. Co.

• Decision Date: 24 March 1892
• Citation: 49 Minn. 201,51 N.W. 1163
• Court: Minnesota Supreme Court
• Parties: CITY OF DULUTH v ST. PAUL & D. R. CO. ET AL.

49 Minn. 201

51 N.W. 1163

CITY OF DULUTHvST. PAUL & D. R. CO. ET AL.

Supreme Court of Minnesota.

March 24, 1892.

(Syllabus by the Court.)

The owner of lands on the north shore of a bay of Lake Superior platted the same for town purposes, pursuant to the statute. The platting of blocks and streets was extended into the shallow water south of and beyond the shore. A street named “Dock Street,” and marked as 80 feet wide, was shown as extending along the southerly side of the plat, in the water. Other streets from the north opened into this street, but were not indicated as extending across or south of it. South of Dock street, as thus marked, were two continuous parallel east and west lines of considerable length, connected at one end, and thus forming an inclosure which was marked as being 40 feet wide. For what purpose this was platted was not stated. It appeared to bound Dock street on the south, and the platting was not extended south of this inclosure. Held, that the platting of the narrow strip along the south side of Dock street was effectual to indicate the intention of the dedicator that Dock street, and the streets opening into it from the north, should not be extended south of Dock street; and that the extent of the public easement was thus effectually limited. Gilbert v. Eldridge, (Minn.) 49 N. W. Rep. 679, followed.

Appeal from district court, St. Louis county; STEARNS, Judge.

Action by the city of Duluth to enjoin the St. Paul & Duluth Railroad Company and another from maintaining certain coal docks on land claimed by plaintiff to be within the limits of Fifth avenue, one of the streets of Duluth. Defendant railroad company alone appeared and answered. The plaintiff's claim of title to the land in question was based upon an alleged dedication thereof by plat, of which the following is a copy, being the same referred to in the opinion:

Defendant claimed title by conveyance subsequent to the platting. Judgment was ordered for plaintiff. From an order denying a new trial defendant railway company appeals. Reversed.

Lusk, Bunn & Hadley, W. H. Bliss, and White, Reynolds & Schmidt, for appellants.

S. D. Allen, for respondent.

DICKINSON, J.

In 1871-72 the “Western Land Association of Minnesota,” owning a tract of land on the north side of the bay of Superior, platted it for town purposes, pursuant to the statute, giving to it the name of “Commerce Division of Duluth.” The plat was recorded, and the municipal authorities of Duluth accepted the dedication of streets and other public grounds as shown on the plat. Among these streets were two, designated respectively as “Fifth Avenue” and “Dock Street.” “Dock Street,” as platted, ran east and west, and was the most southerly street indicated on the plat. At the place to which attention is directed this street was some 300 or 400 feet south of the north shore of the bay, and in the shallow water of the bay, which was only of sufficient depth for the floating of logs and small boats. The land north of this street to the shore line and beyond it was platted into blocks and streets. The space marked on the plat as “Dock Street” was indicated as being 80 feet wide. That space on the plat was marked and bounded along its north side by the south lines of the southern tier of platted blocks, and on its south side by a continuous but not a heavy black line. South of the latter line, and parallel with it, was a heavy black line. These two platted lines were connected near the eastern end of Dock street by a line running from one to the other. The space thus inclosed between the two parallel lines was marked on the plat as being 40 feet wide. For what purpose it was intended is not otherwise indicated. Fifth avenue, and several other streets, ran north and south, and extended in their southerly direction to, and connected with, Dock street, but were not shown as extending south of Dock street. The southerly three or four hundred feet of Fifth avenue, as platted, was in the shallow water of the bay. Some time subsequent to the platting the city of Duluth duly established a dock line, which, as the court found the fact to be, was substantially on the line indicated on the plat by the most southerly and the heavy black line before referred to. The correctness of this finding as to the location of the dock line is called in question, but it will not be necessary to consider this point.

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