Althen v. Kelly
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Ramsey county to restrain the defendant from quarrying and removing rock and stone from the street in front of certain lots owned by plaintiff. The defendant appeals from an order by Simons, J., refusing to dissolve a temporary injunction.
1Opinion of the CourtDickinson, J.
This is an appeal from an order refusing to dissolve a temporary injunction. As we construe the pleadings and affidavits upon which the motion was heard, they disclose these facts: The plaintiff and one Patrick Kelly are the owners respectively of blocks 61 and 59,, in the city of St. Paul, which are separated from each other by Plum street, a public street 60 feet wide.- Each proprietor presumably owns the fee of the land to the centre of that street, subject to the public easement. Upon the street is a stone quarry, in which is alleged to consist the whole value of the land. The common…
2Cases cited3 opinions
- Ryan v. BrownMichigan Supreme Court · 1869
- St. Anthony Falls Water-Power Co. v. Kings Wrought-iron Bridge Co.Supreme Court of Minnesota · 1876
- Cuming v. PrangMichigan Supreme Court · 1872
3Cited by5 opinions
- Rich v. City of MinneapolisSupreme Court of Minnesota · 1887
- Viliski v. City of MinneapolisSupreme Court of Minnesota · 1889
- City of St. Paul v. BielenbergSupreme Court of Minnesota · 1925
- Hawkins v. HortonSupreme Court of Minnesota · 1904
- Central Trust Co. v. Wabash, St. L. & P. Ry. Co.U.S. Circuit Court for the District of Eastern Missouri · 1886