38 Minn. 305 | Minn. | 1888
By its answer in this action the defendant, a railway corporation, undertakes to justify its appropriation of a strip of land upon which it has constructed its railway, by means of a clause in a deed from another and distinct railway corporation to plaintiff of the tract of which the strip in question is a part. The deed contains the usual covenants of warranty, and the clause mentioned is as follows: “Reserving, however, to the said” St. Paul & Duluth Railroad Company “a strip of land one hundred and fifty feet wide, and any greater^width where necessary, for a right of way,” etc. The answer further attempts to connect these independent corporations,
Order affirmed.
Mitchell, J., was absent, and took no part in this case.