Robinson v. Great N. Ry. Co.

• Decision Date: 23 February 1892
• Citation: 48 Minn. 445,51 N.W. 384
• Parties: ROBINSON v GREAT NORTHERN RY. CO.
• Court: Minnesota Supreme Court

48 Minn. 445

51 N.W. 384

ROBINSONvGREAT NORTHERN RY. CO.

Supreme Court of Minnesota.

Feb. 23, 1892.

(Syllabus by the Court.)

1. The legislature has full and paramount authority over all public highways.

2. And where it authorizes and requires a railway company, by its charter, in constructing its railway across streets and highways, to put the same in proper condition and rep. air, so as not to interfere with public travel, it is not a trespasser in entering thereon for the purpose of restoring and improving the same, as commanded by its charter, and, if the work is done with reasonable prudence and skill, it is not liable for consequential damages to owners of abutting land.

3. The work is subject to the supervision and direction of the regularly constituted authorities having control of such streets or highways.

4. But no such question is involved where the court defines the nature and extent of the improvement in a judgment obtained on the application of such authorities.

Appeal from district court, Hennepin county; LOCHREN, Judge.

Action by George R. Robinson against the Great Northern Railway Company to recover damages resulting from raising the grade of a certain street. Judgment for defendant. Plaintiff appeals. Affirmed.

C. J. Bartleson and Jackson & Atwater, for appellant.

Benton, Roberts & Brown, for respondent.

VANDERBURGH, J.

The plaintiff is the owner of a lot on Washington avenue, in the city of Minneapolis, near the line of the defendant's railway, which crosses the same avenue, south and within one block of such lot. This action is brought to recover damages from the defendant for entering upon and raising the grade of the street in front of his lot, so that the earth embankment so raised upon the street cuts off all access to the same by vehicles, and has consequently depreciated the value thereof. In November, 1886, an action was brought in behalf of the city of Minneapolis against the defendant, in which, upon proper allegations showing the necessity, for the accommodation of public travel and business on Washington avenue, of constructing a bridge or viaduct over defendant's tracks and roadbed, at a suitable elevation to allow the passage of railway trains under the same, with approaches on either side of the bridge, so as to give an easy or convenient grade for the travel over such bridge, a peremptory mandamus was asked commanding the defendant to construct such bridge and improvement; and such proceedings were thereafter had that final judgment was rendered in the district court of Hennepin county, at the instance and in behalf of the city of Minneapolis, in and by which the peremptory writ prayed for was granted, and the defendant was required to construct such bridge, and the approaches thereto, in accordance with the specifications therein set forth, as to the height and width of the bridge, and the elevation and grade of the approaches, and providing that the northerly approach should be an earth embankment, to be extended along and upon Washington avenue, from the end of the bridge, at a grade of descent to the former grade of the street not greater than four feet to the hundred. The defendant in its answer herein alleges, and plaintiff admits, that the defendant, “in obedience to and in accordance with the said judgment and decree of this court, did, within a reasonable time after the 14th day of June, 1890, commence, and has since diligently prosecuted, the said work of constructing the said bridge or viaduct, and the northern approach thereto, and has constructed a stone abutment for the northerly end of said bridge or viaduct upon the...