St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-03-03
AGAIN VICTORIOUS.
The VI. & ST. l.. Wins Another Case
i'm the District Court.

In the district court yesterday decision
was filed, signed by Judges Lochren, Koon
and Young, which grants the Minneapolis
IL st. Louis railroad the right to cross the
tracks of the st. Paul, Minneapolis & Man
ltoba Railway company at First street
north, so as 10 form a connection with the
st Paul IL Northern Pacific railroad. The
case was very hOtly contested, the Man
itoba first opposing the petition of the Min
neapolis IL st. Louis in toto. When the
court signified the intention of granting the
crossing another fight took place as to the
manner in which it should be done. The
Manitoba proposed that the Minneapolis d
st. Louis should either tunnel or bridge
while the petitioner insisted upon grade
crossing. The overhead crossing was
finally thrown out as impracticable by the
court, and the struggle was between the
grade and tunnel propositions. The vol
luminous testimony OF experts was listened
to patiently, and the lengthy arguments of
the able attorneys occupied several days.
The judges have finally decided in favor of
the Minneapolis d St. Louis, granting the
grade crossing, and appointing commits
sionerS who are to meet March 5 and as
sess the damages.
THE DECISION.
Inc court mas Ine IdcIS IN the case au-
duced to be as follows:
That the public interest requires that the
railway of the petitioner and of the st. Paul
Il Northern Pacific Railway company be con-
nected by single track railway crossing the
tracks of the respondent at an angle of l2O
degrees, "a minutes, just north of the First
street bridge.
That Winthrop Young, Asa X. Camp and
Frank l.. Morse are appointed commissioners
to assess damages.
1t is therefore ordered that the petitioner
Is empowered to contract and operate single
track railway upon a strip of land fifteen feet
wide upon the following
CONDITIONS AND LIMITATIONS:
First-The petitioner shall pay to the res
pondent such compensation as the respond
ent is entitled to for the appropriation of any
land or property of which it is the owner or
otherwise interested in, for the maintenance
of said single track railway of the petitioner
Second-Said single track railway upon
any land of which the respondent is the
owner shall be constructed by the petitioner
Mt it's own exclusive cost, to concur and con-
form to the grade of the railway and prop
erty of the respondent company at the same
points as now or hereafter established by the
respondent.
Third-Traius upon the railways of the
respondent shall have priority over the trains
of the same or inferior class upon said single
track railway in passing over the points of
intersection of railways.
Fourth-The present connection between
the most northerly track of the respondent
and the railway of the St. Paul g. Northern
Pacific Railway company and the Northern
Pacific Railway company near First street,
shall be maintained by the device known as
the ''slip SWITCH" or some other appropriate
fundamentally by the petitioner at its OWL
exclusive cost and expense so that trains
cars and engines may pass from the tracks OF
the respondent and the Northern Pacific and
st. Paul & Northern Pacific Railway company
TO the railways of each of said company's a
the point of intersection with reasonable
celebrity, safety and convenience.