Farrell v. City of St. Paul
Supreme Court of Minnesota
Appeal by plaintiff from a judgment of the district court for Eamsey county, in favor of defendant, entered in pursuance of the findings and order of Otis, J. The owner of property damaged by tortious acts of defendant or its contractor arising out of matters or transactions within the general powers of the corporation has his remedy by action, and is not estopped by failure to object to judgment in special proceedings to assess for benefits resulting from an improvement to…
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Appeal by plaintiff from a judgment of the district court for Eamsey county, in favor of defendant, entered in pursuance of the findings and order of Otis, J. The owner of property damaged by tortious acts of defendant or its contractor arising out of matters or transactions within the general powers of the corporation has his remedy by action, and is not estopped by failure to object to judgment in special proceedings to assess for benefits resulting from an improvement to the property damaged. There is no estoppel in pais. Chaska Co. v. Supervisors Carver County, 6 Minn. 130 (204). The case…
1Opinion of the CourtCanty, J.
Plaintiff is, and since 1891 has been, the owner of a certain city lot situated in St. Paul, and having a frontage of 40 feet on Wells street. In 1892 the city excavated and graded down the half of said street adjoining said lot, five feet below the legal *273and established grade, and erected a retaining wall in the middle of the street, leaving the other half of the street at the established grade, thereby giving the street a dual grade. In doing the grading the city removed the lateral support of plaintiff's lot where it abuts on the street. This action is brought to recover the damages to the…
2Cases cited13 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Brigham v. FayerweatherMassachusetts Supreme Judicial Court · 1886
- Williams v. WilliamsWisconsin Supreme Court · 1885
- Thurston v. ThurstonSupreme Court of Minnesota · 1894
- Adams v. AdamsSupreme Court of Minnesota · 1878
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Evens v. KellerNew Mexico Supreme Court · 1931
- Independent School District v. City of White Bear LakeSupreme Court of Minnesota · 1940
- Hilton v. SnyderUtah Supreme Court · 1910
- Ryke v. ReamSupreme Court of Iowa · 1931