Maletta v. Oliver Iron Mining Co.
Supreme Court of Minnesota
Action in the district court for St. Lonis county to recover $30,000 for obstructing ingress by way of Center street and Fifth avenue in the village of Hibbing to a village lot.
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Action in the district court for St. Lonis county to recover $30,000 for obstructing ingress by way of Center street and Fifth avenue in the village of Hibbing to a village lot. The answer, among other matters, alleged that the action was barred by the statute of limitations for any damage to plaintiff’s property prior to August 5, 1909. The ease was tried before Fesler, J., and a jury which returned a verdict for $750. From an order denying its motion for a new trial, defendant Oliver Iron Mining Company appealed.
1Opinion of the Court
Dibell, C.
Action to recover damages for cutting off access to plaintiff’s lot. There was a verdict for the plaintiff. The defendant appeals from the order denying its motion for a new trial.
1. The plaintiff is the owner of a lot on Center street between Fourth and Fifth avenues in Hibbing. This portion of Hibbing is platted on an 80-acre tract running east and west. The plaintiff’s lot is some 50 feet west of the dividing line between the two forties. In the development of the mines the defendant Oliver Iron Mining Company, the mining, lessee, excavated the east 40; and open pit mines…
2Cases cited1 opinion
- Vanderburgh v. City of MinneapolisSupreme Court of Minnesota · 1906
3Cited by6 opinions
- Vacation of Part of Town of HibbingSupreme Court of Minnesota · 1925
- In re HullSupreme Court of Minnesota · 1925
- State v. KohlerSupreme Court of Minnesota · 1964
- Kick's Liquor Store, Inc. v. City of MinneapolisCourt of Appeals of Minnesota · 1998
- Gillespie v. City of DuluthSupreme Court of Minnesota · 1917
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