Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-12-08

II Railroad Runs Across Private Prop
erty 1t Must Pay for 1t.


erty 1t Must Pay for 1t.
Everybody in st. Paul knows the North
Star brewery, located on the river bank
under Dayton's bluff. In 1870 the Lake
Superior & Mississippi railroad drove
piles in the river bed and along the front
of Mr.. William Constans' property on
which was located the brewery, and there
npon constructed a railroad. Mr.. Con-
STAINS some time ago brought suit for dam
ages, and yesterday Judge Brill filed de-
cision in which he finds as fact that the
Lake Superior q Mississippi Railroad com
pany and the Chicago, Milwaukee g. ST.
Paul Railroad company are corporate ons
that both roads have built railroads in
Minnesota and used other roads; that the
Lake Superior Mississippi Railroad COM
pany executed mortgage on its property
the same was duly foreclosed and the prop
erty, rights and franchises were sold for
the benefit of the holders of the bonds of
the road secured by the mortgage, and the
st. Paul u Duluth road was organized and
took and had the same rights that the Lake
Superior d Mississippi company had. The
plaintiff, on Oct. 1, 1872. became possessed
in fee simple of the real estate known as
the North Star brewery, at the foot of
Dayton's bluff; that the plaintiffs land at
the time of building the railroad fronted
on the river for short distance. The
river in front is shelving and shallow
at ordinary stages of water, and
the marshy portion of the land
is overlooked, and before the building of
boats navigating the river. In 1870 the
Lake Superior & Mississippi Railroad
company, without the consent of the then
owners of the land. drove piles in the bed
of the river, and along the entire front of
the land in controversy and now ow ned by
the plaintiff, within forty feet of the shore
and constructed upon said piles railroad,
which is a part of the road fir ON st. Paul
| to Duluth, and maintained and operated
said railroad for public use, and now the
st. Paul & Duluth road uses the road for
that purpose, without the consent of
tAe plaintiff. Since 1871 the Chicago, Mil
waukee d st, Paul road has been using the
| road in front of plaintiffs land by consent
of the st. Paul & Duluth road. A valuable
stream of water is on the plaintiffs land.
which could render the land more valuable.
On the plaintiffs land for fifteen years
has been brewery and malt
house. The railroad does not
Interfere with the navigabilitY of the riv-
er except that it prevents boats from max
ing landing and renders access to the
river less convenient; that the plaintiff
has been injured in the use and enjoyment
of his land by the railroad and damaged
S25 per year since he became owner of the
premises; that in 1875 the plaintiff de-
manded that the railroad company re-
move his railroad. The value of the
plaintiffs river frontage and his rights
generally are not determined.
AS conclusions of law the court says: It
| is determined that plaintiff has the right
| of access to the channel of the river free
from any obstruction or interference on
| the part of the defendants; that plaintiffs
| rights having been interfered with by the
defendants, he is entitled to recover such
| damages as he has suffered thereby within
six years before the commencement of this
action that the plaintiff is entitled to recover
from the Lake Superior & Mississippi
Railroad company, and the Chicago, Mil
waukee & st. Paul Railway company the
sum of $50, and from the st. Paul &
Duluth company and the Chicago, Mil
waukee & st. Paul company $40, with
costs and disbursements; that plaintiff is
also entitled to have said railroad and
piling removed, but the st. Paul & Duluth
company desiring to institute condemna-
ton proceedings, and it being agreed that
such proceedings may be had in the case,
judgment will be entered at this time for
the damages aforesaid only with costs and
| disbursements.