St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-10-01
SAINT PAUL.
HILL is DOWNED.
Victory for the Union Depot Over
the Manitoba Company,

tICCOfy HOE Clte OnAOn DGDOb OV0f
the Manitoba Company.
Two very important decisions were
handed down by the supreme court yes
terday. one of which referred to the
long-standing dispute between the st.
Paul. Minneapolis & Manitoba Railroad
company and The st. Paul Union De-
pot company. This action was brought
to restrain defendant, corporation,
from erecting train house or annex to
its depot building proper, upon supports
so placed as to interfere with certain
rights and privileges alleged to have
been secured and reserved to plaintiff
corporation in and by virtue of deed
wherein the plaintiff was grantor and
defendant the grantee, and to compel
the latter to remove distractions and
replace certain railway track and
platform room also secured and re-
served to plaintiff in the deed before
mentioned. The plaintiff appeals from
judgment in its favor for a part of
the relief demanded In its complaint.
The defendant corporation organized in
January. 1879, for the purpose of con-
Structing and maintaining union de-
pot in the city of st. Paul. Its pro-
moters and stockholders were the rail
way companies. seven in number, then
running their trains into the city, the
object being to secure better terminal
facilities for all. Certain lands were
conveyed by the Manitoba road to the
Union Depot company. the stipulation
being that depot was to be erected for
the accommodation of all the roads. In
1884 the depot was burned, and in re-
building certain tracks used by the
Manitoba road were torn up, and bag
0a nd orr fod i,
site. The road was given the use of
other tracks in the place of those torn
up. In 1889 the depot company erected
train house over the tracks, supported
on stone and iron pillars. The defend
ants, claiming that the exigencies of
the situation made additional track
age imperative, also proposed to re-
duce the width of the platforms
between the tracks used by the Mani
toba road to fourteen feet, rearrange the
tracks, and on the same ground obtain
passenger trains. The Manitoba road
objected to the entire scheme and
brought action to restrain the depot
company. Upon findings of fact judg
ment was duly entered in piaintIff'S
favor, but it was denied much of the
relief demanded in its complaint. 1t
sought to have the baggage and emf
grant building removed. the track
which was taken out in 1854 perma-
nentiy replaced for plaintiffs use, with
a seventeen and oue-third-foot platform
northerly thereof, and the proposed
train house or annex built wide enough
to cover this platform. 1t also strenu-
ously demanded i'll respect to the annex
that it must be constructed so as to al
low passengers from their trains to pass
directly from this platform to the alley
way and adjacent streets upon the
north without hindrance or obstruction.
The trial court granted the plaintiff an
order for modifying the arrangements
of the tracks, but denied the rest of the
relief asked. From this order the Man.
itoba appealed.
The following was the syllabus and
order:
The st. Paul. Minneapolis & Manitoba Rail-
way Company, appellant, VS.. The st. Paul
Union Depot Company, respondent Judg-
ment affirmed. COLLINS, j.
A deed of conveyance from the st.
Paul, Minneapolis & Manitoba Railway
company to the st. Paul Union Depot
company, and lease from the latter
company to the former, considered and
construed with reference TO the rights
of the first-named corporation to the ex-
elusive use and occupation of certain
| specified railway tracks and adjoining
platforms i'll the farmhouse, or annex