Barnum v. Minnesota Transfer Railway Co.

Railroad Crossing — Injury to Owners of Land not Abutting on Railroad. — Plaintiffs, who own lands abutting on a public street, are not entitled to an action for a nuisance caused by the obstruction of another portion of the same street, not on or opposite their lands, and by which access to such lands is not cut of. Bhaubut v. Bt. Paul & B. C. R. Co., 21 Minn. 502.

The plaintiffs in this action are the owners of land fronting and abutting upon a public highway, commonly known as a territorial road, running from St. Paul to Minneapolis. The defendant has excavated a cut six feet deep and six hundred feet in width across this highway a short distance from the land of plaintiffs. Upon these facts, the plaintiffs bring this action in the district court for Ramsey county, for themselves and all others similarly situated who may choose to come in and join as plaintiffs, to require the defendant to remove the obstructions from the highway and restore the same to a safe condition, and to enjoin the defendant from continuing the obstructions. They allege in their complaint that the value of their land is greatly diminished, and that it is difficult of access, and impossible of access except in one direction, by reason of the acts of defendant. Plaintiffs appeal from an order by Simons, J., sustaining a demurrer to the complaint. cited Wood on Nuisance, §§ 648, 680, 790; High on Injunctions, § 818; Brown v. Watson, 47 Me. 161; Wilder v. Be Cou, 26 Minn. 10; Corning v. Lowerre, 6 John. Ch. 439; Milhau y. Sharp, 27 N. T. 611; Enos v. Hamilton, 27 Wis. 256; Pettibone v. Hamilton, 40 Wis. 402; Wood-ruff y. North Bloomfield, etc., Co., 18 Fed. Rep. 753; Shipley v. Capíes, 17 Md. 179; Webber v. Gage, 39 N. H. 182; Ross v. Butler, 19 N. J. Eq. 294. cited Shaubut v. St. Paul é S. C. B. Co., 21 Minn. 502, and Bochette v. Chic., M. é St. P. By. Co., 32 Minn. 201.