CITY OF ST. PAUL v. ST. PAUL CITY RY. CO.

No. 37,062.

249 Minn. 357 (1957)

82 N.W. (2d) 369

CITY OF ST. PAUL v. ST. PAUL CITY RAILWAY COMPANY.

Supreme Court of Minnesota.

April 5, 1957.


Attorney(s) appearing for the Case

Clarence O. Holten and James S. Eriksson, for appellant.

Marshall F. Hurley, Corporation Counsel, and Robert E. O'Connell, Assistant Corporation Counsel, for respondent.


MATSON, JUSTICE.

Appeal by defendant, St. Paul City Railway Company, from a declaratory judgment declaring the respective rights of defendant and of plaintiff, City of Saint Paul, in the Selby Avenue tunnel and that portion of Selby Avenue occupied by the tunnel and formerly used by the defendant for a street railway line. For convenience, plaintiff will hereinafter be designated as the city and the defendant as the street railway.

The tunnel is located on...

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