Minneapolis Mill Company v. Minneapolis & St. Louis Railway Company

• Decision Date: 11 June 1891
• Citation: 46 Minn. 330
• Parties: MINNEAPOLIS MILL COMPANY <I>vs.</I> MINNEAPOLIS & ST. LOUIS RAILWAY COMPANY.
• Court: Minnesota Supreme Court

46 Minn. 330

MINNEAPOLIS MILL COMPANYvs.

MINNEAPOLIS & ST. LOUIS RAILWAY COMPANY.

Supreme Court of Minnesota.

June 11, 1891.

Appeal by plaintiff from an order of the district court for Hennepin county, Lochren, J., presiding, refusing a new trial after judgment ordered for defendant.

Flannery & Cooke and Jackson & Atwater, for appellant.

Albert E. Clarke and W. F. Booth, for respondent.

GILFILLAN, C. J.

So far as the defendant relies for a defence upon dedication of the real estate to public use, and the right of plaintiff to bring ejectment, the questions are disposed of by the opinion in Watson v. Chicago, Mil. & St. Paul Ry. Co., supra, p. 321.

Order reversed.

NOTE. A motion for reargument of this case was denied July 1, 1891.