133 Minn. 442 | Minn. | 1916
Plaintiffs alleged that they were the owners of a farm of 120 acres; that they conveyed to defendant a right of way across the same for defendant’s electric railroad track; that as the consideration for such conveyance defendant agreed to construct and establish a station upon plaintiffs’ land for the receipt and discharge of freight and passengers as soon as the road was in operation; that defendant constructed its railway across the land and began to operate it on December 1,1910, but has ever since failed and refused to establish such station; that if such station had been established plaintiffs’ land would have been available for suburban residence property; that without such station it is available only for farming purposes, and that plaintiffs had been damaged in the sum of $3,000 by defendant’s breach of the contract. Defendant admitted that plaintiffs owned the farm and had conveyed the right of way to defendant, also that defendant constructed its track across the farm and had begun operating its railway thereover at the time alleged, but denied making any agreement to establish a station on plaintiffs’ land. After a verdict for plaintiff and the denial of a motion for a new trial, defendant appealed.
1. Defendant’s contention that the district court of Rice county did not have jurisdiction of the action, for the reason that the land is located in Dakota county, is not well taken, as plaintiffs sued to recover damages for a breach of contract and not for a trespass upon or injury to the real estate.
2. While plaintiff Edward was testifying to the oral agreement made with defendant, defendant, for the purpose of laying a foundation for an objection to such testimony, produced the deed for the right of way, and asked him whether the signatures thereto were those of himself and his wife. He admitted the signatures, and was then permitted to testify over the objection of defendant that the words “a loading platform to be
3. The conversation in which the contract was made took place at the farm, and defendant’s superintendent of right of way, its local right-of-way agent, and its chief engineer were present. Plaintiffs called the chief engineer as a witness, who testified to the effect that, after some talk back and forth, plaintiffs agreed to give the right of way if defendant would put in a station, a cattle pass and a crossing. He stated that he had made a note or memorandum of the station, cattle pass and crossing, and had filed it with the records in the office of the company. Plaintiffs had served notice upon defendant to produce this memorandum. It was not produced, and the engineer was permitted to state its contents. Defendant objected to the admission of this testimony, and urges here that the engineer had no authority to bind defendant by any memorandum made by him, and that the memorandum was inadmissible for that reason. We think the testimony was admissible, but, if not, its admission was clearly without prejudice, for the engineer had previously testified to everything which he stated he had noted in the memorandum.
4. The measure of damages adopted was the difference between the value of the farm with the station, and its value without the station, on the date defendant began operating its road across the farm. Defendant insists that this is not the proper measure of damages, and assigns as
This presents the serious question in the case. Although there is some diversity in the cases, it is established by the weight of authority that a contract made by a railway company to locate a station at a designated point is valid and binding, unless it be made to appear that some public interest is prejudiced thereby. But, whenever the needs of the public require a change in such location, the company is free to make such change, for it cannot bind itself by contract so as to interfere with the proper performance of its duties to the public. It is also established by the weight of authority that the rule adopted by the trial court is the correct measure of damages for breach of such contracts. Louisville, A. & P. V. Elec. Ry. Co. v. Whipps, 118 Ky. 121, 80 S. W. 507, 4 Ann. Cas. 996; Louisville, etc. R. Co. v. Neafus, 93 Ky. 53, 18 S. W. 1030; St. Louis & N. A. R. Co. v. Crandell, 75 Ark. 89, 86 S. W. 855, 112 Am. St. 42; Watterson v. Allegheny Valley R. Co. 74 Pa. St. 208; Louisville, N. A. & C. Ry. Co. v. Sumner, 106 Ind. 55, 5 N. E. 404, 55 Am. Rep. 719; Blagen v. Thompson, 23 Ore. 239, 31 Pac. 647, 18 L.R.A. 315; Belt v. Washington Water Power Co. 24 Wash. 387, 64 Pac. 525; Lyman v. Suburban R. Co. 190 Ill. 320, 60 N. E. 515, 52 L.R.A. 645; Texas & St. L. R. Co. v. Robards, 60 Tex. 545, 48 Am. Rep. 268; Mobile & M. Ry. Co. v. Gilmer, 85 Ala. 422, 5 South. 138; Atlanta & W. P. R. Co. v. Camp, 130 Ga. 1, 60 S. E. 177, 15 L.R.A.(N.S.) 594, 124 Am. St. 151, 14 Ann. Cas. 439.
The case of Eckington & S. H. Ry. Co. v. McDevitt, 191 U. S. 103, 24 Sup. Ct. 36, 48 L. ed. 112, cited by defendant as supporting its contention, involved an agreement to extend a street railway across McDevitt’s land and thereafter to operate street cars thereover, in consideration of the grant of the right of way and the payment of $500 for which a promissory note was given. The line was constructed and operated for some years, but proving unprofitable was abandoned, the track taken up, the right of way restored to McDevitt, and she was discharged from liability
As defendant seems to rely largely upon this case, we have quoted from it sufficiently to show that the error there held fatal consisted in directing the jury to award damages on the theory that the company had obligated itself to operate the line forever. This improper element was not included in the rule given the jury in the case at bar. In the absence of a showing that the public interests would be prejudiced thereby, the company was at liberty to contract to erect and maintain the station; but the rights conferred by the contract are subordinate to the rights of the
Order affirmed.