Supreme Court of Minnesota March 13, 1936, No. 30,696. (Village of Lamberton v. Chicago & North Western Railway Co.)

Losing, Justice.

In condemnation proceedings by the village of Lamberton to extend D street of that village across the right of way, yards, and depot platform of the Chicago & North Western Railway Company, the village had a judgment condemning the easement sought across

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the property of the railway company, which has appealed, asserting that the village has no power to condemn land that has