Legal Opinion

Bohen v. City of Waseca

Supreme Court of Minnesota

Decided June 11, 1884PublishedCited by 14 opinions

Appeal by defendant from an order of the district court for Waseca county, Buckham, J., presiding, overruling a general demurrer to the complaint.

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Appeal by defendant from an order of the district court for Waseca county, Buckham, J., presiding, overruling a general demurrer to the complaint. The complaint alleges (among other things) the incorporation of defendant on February 23, 1881; that by its charter it has the care, supervision aid control of its streets, and authority to remove all obstructions and encroachments therein; that on Second street, the principal business street of the city, the defendant constructed and suffered to be constructed- sidewalks through the business portion of the city, which have been generally and for…

1Opinion of the Court

Berry, J.1

The charter of the city of Waseca (Sp. Laws 1881, c. 47,) provides, in section 5 of subchapter 6, that “the common council of said city shall have the care, supervision, and control of all the highways, bridges, streets and alleys, and public grounds, within the limits of the city.” Section 4, subehapter 5, constitutes the city one road-district; section 1 of the same subchapter confers upon the common council power to levy taxes to raise a general fund for city purposes, and to expend any portion of the same for the improvement of the streets of the city; and section 5 empowers the…

2Cases cited3 opinions

  1. Grove v. City of Fort WayneIndiana Supreme Court · 1874
  2. Nelson v. RobsonSupreme Court of Minnesota · 1871
  3. Pinney v. First Division of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1872

3Cited by14 opinions

  1. Wheeler v. City of Fort DodgeSupreme Court of Iowa · 1906
  2. Village of Blaine v. Independent School District No. 12Supreme Court of Minnesota · 1965
  3. Yackee v. Village of NapoleonOhio Supreme Court · 1939
  4. Incorporated Town of Ackley v. Central States Electric Co.Supreme Court of Iowa · 1927
  5. Hillstrom v. City of St. PaulSupreme Court of Minnesota · 1916

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