Shaubut v. St. Paul & Sioux City Railroad Co.

• Decision Date: 01 May 1875
• Citation: 21 Minn. 502
• Parties: JOHN J. SHAUBUT <I>vs.</I> ST. PAUL & SIOUX CITY RAILROAD COMPANY.
• Court: Minnesota Supreme Court

21 Minn. 502

JOHN J. SHAUBUTvs.

ST. PAUL & SIOUX CITY RAILROAD COMPANY.

Supreme Court of Minnesota.

May 1, 1875.

Plaintiff, as owner of certain land in the city of Mankato, on which he resided, abutting on the head of Washington street, and marked as his on the diagram contained in the following opinion, brought this action in the district court for Blue Earth county, to restrain defendant from continuing to obstruct that part of Washington street, between the southerly halves of blocks 45 and 46, and the corresponding portion of Spring street, and for damages already sustained by him by reason of such obstructions.

The action was tried before Page, J., who found, (with other facts,) that defendant had made an excavation across Washington street, in which it had built a side track, (indicated by dotted lines on the diagram,) some two or three feet below the grade of the street, and had constructed a turn-table in Spring street, and had left its cars standing across both streets, and had left timber and other incumbrances in Washington street; that the acts of defendant in obstructing and incumbering Washington street, interfered with and prevented the free use and enjoyment by plaintiff of his said premises and residence; that he had thereby sustained special damages, not common to the public; that the turn-table and side track were necessary to the operation of defendant's railroad, but that it was not necessary for defendant to obstruct Washington street, by the excavation, or the other incumbrances mentioned.

As conclusions of law, the judge found that the acts of defendant, in placing permanent obstructions in said street, were unlawful; that plaintiff was entitled to judgment requiring defendant to remove from Washington street, between the southerly halves of blocks 45 and 46, all the obstructions except the side track, and to restore the street

to a suitable condition for use by plaintiff and the public, as a highway; to a perpetual injunction restraining defendant from incumbering or obstructing the street, at the point named, in any manner that should prevent the free use thereof as a highway, except by the passage of trains over the track and side track, in the ordinary course of defendant's business; and to judgment for one hundred dollars damages, and the costs of suit. Judgment was entered in accordance with the findings, and defendant appealed.

M. J. Severance, for appellant.

Brown & Wiswell and F. G. Brown, for respondent.

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