Rakowsky v. City of Duluth
Supreme Court of Minnesota
Action brought in the district court for St. Louis county, to recover $2,300 for injuries to plaintiff’s lot resulting from a change of grade of the street in front of it. At the trial, before Stearns, J., a dismissal was ordered at the close of the evidence for plaintiff. A new trial was refused, and the plaintiff appealed.
1Opinion of the CourtCollins, J.
In the year 1883 the council of the then village of Duluth established a grade line for Superior street, on which appellant’s lots were located, and thereafter the street in front of said lots, upon which she had erected a building, was properly graded. In 1887, the village having been absorbed by the incorporation of the ■city in the mean time, the grade line as established by the village was changed and lowered about two feet by the city authorities in front of appellant’s premises. The street having been brought to the re-established grade line, appellant commenced this action to recover…
2Cases cited5 opinions
- Henderson v. City of MinneapolisSupreme Court of Minnesota · 1884
- Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1886
- Hawley v. HarrallSupreme Court of Connecticut · 1848
- City of Hannibal v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
- Korah v. City of OttawaIllinois Supreme Court · 1863
3Cited by2 opinions
- Fitzpatrick v. Simonson Bros. Manufacturing Co.Supreme Court of Minnesota · 1902
- Village of Medford v. WilsonSupreme Court of Minnesota · 1975