Legal Opinion

Willis v. Winona City

Supreme Court of Minnesota

Decided November 5, 1894No. 8706PublishedCited by 28 opinions

Appeal by plaintiff, Henry J. Willis, from an order of the District Court of Winona County, Chas. M. Start, J., made December 16, 1893, sustaining a demurrer to his complaint. Front street in the city of Winona is seventy feet wide adjacent and parallel to the southerly bank of the Mississippi river. Main street is one hundred feet wide and runs southerly from the river, crossing Front street at a right angle.

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Appeal by plaintiff, Henry J. Willis, from an order of the District Court of Winona County, Chas. M. Start, J., made December 16, 1893, sustaining a demurrer to his complaint. Front street in the city of Winona is seventy feet wide adjacent and parallel to the southerly bank of the Mississippi river. Main street is one hundred feet wide and runs southerly from the river, crossing Front street at a right angle. Plaintiff owns Lot one (1) in Block eight (8) on the southwest corner made by the intersection of these streets. It fronts northerly sixty feet on Front street and easterly one hundred…

1Opinion of the CourtMitchell, J.

Summarized, the facts alleged in the complaint are as follows: The plaintiff owns a lot in the city of Winona, having a frontage on both Main and Front streets. The defendant city, by virtue of and in accordance with express authority from the state, has constructed a public wagon bridge across the Mississippi river, opposite the city. The Minnesota end of the bridge reaches the shore within the city limits, near the foot of Main street. The structure, being a “high” bridge, is considerably above the natural level of the river bank; and the city, for the purpose of affording access, for…

2Cases cited10 opinions

  1. Transportation Co. v. ChicagoSupreme Court of the United States · 1879
  2. Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
  3. Adams v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1888
  4. Selden v. City of JacksonvilleSupreme Court of Florida · 1891
  5. County Commissioners v. ChandlerSupreme Court of the United States · 1878

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3Cited by28 opinions

  1. City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
  2. Liddick v. City of Council BluffsSupreme Court of Iowa · 1942
  3. Barrett v. Union Bridge Co.Oregon Supreme Court · 1926
  4. Morris v. City of IndianapolisIndiana Supreme Court · 1911
  5. Colclough v. City of MilwaukeeWisconsin Supreme Court · 1896

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