City of Duluth v. Duluth Street Railway Co.

Action by the city of Duluth to recover the whole cost of repaving the space between the rails of the double tracks of defendant, Duluth Street Railway Company, on Superior and Second streets. The job is complete and the whole cost has been paid by the city. Defendant admits liability for the extra expense due to the presence of its tracks. For that, the decision below awarded judgment for plaintiff, but denied it anything additional. The appeal is by plaintiff from the order denying its motion for amended findings and judgment accordingly or, in the alternative, for a new trial.

Decision was…