Johnson v. Minnesota Tribune Co.
Supreme Court of Minnesota
Action in ejectment in the district court for Hennepin county and in which plaintiff also sought to recover $2,000 for injuries to his property. The case was tried before Brooks, J., who made findings of fact and as conclusions of law found that plaintiff was entitled to recover $75 as damages but to no equitable relief. From a judgment entered pursuant to the findings, plaintiff appealed. Ejectment will lie to remove overhanging projections. 10 Am. & Eng. Enc.
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Action in ejectment in the district court for Hennepin county and in which plaintiff also sought to recover $2,000 for injuries to his property. The case was tried before Brooks, J., who made findings of fact and as conclusions of law found that plaintiff was entitled to recover $75 as damages but to no equitable relief. From a judgment entered pursuant to the findings, plaintiff appealed. Ejectment will lie to remove overhanging projections. 10 Am. & Eng. Enc. (2d Ed.) 531; Murphy v. Bolger, 60 Vt. 723; McCourt v. Eckstein, 22 Wis. 148; Stedman v. Smith, 8 El. & Bl. 1. The subjection of the…
1Opinion of the CourtCollins, J.
Plaintiff and defendant own adjoining buildings fronting on Fourth Street South, Minneapolis. There is á party wall between these buildings, which stands, according to the findings of the court, upon the line; one-half being on plaintiff’s land, the other upon defendant’s. When this party wall was erected, one building occupied the entire space now covered by both with a continuous front' wall of red pressed brick. Fire partly destroyed that part of the building owned by defendant corporation, leaving the party wall intact. It then tore down what re*479mained of the front wall of its part of the…
2Cases cited1 opinion
- Murphy v. BolgerSupreme Court of Vermont · 1888
3Cited by8 opinions
- Lederer & Strauss v. Colonial Investment Co.Supreme Court of Iowa · 1906
- Reynolds v. MunchSupreme Court of Minnesota · 1907
- Stein v. Golden RuleSupreme Court of Minnesota · 1909
- Wait v. NewmanMichigan Supreme Court · 1938
- Campbell v. Duggan-Rider Co., Pennsylvania Court of Common Pleas, Erie County1924
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