Persons v. City of Valley City
North Dakota Supreme Court
Appeal from District Court, Barnes County, J. A. Coffey, J. Erom an order sustaining a demurrer to the complaint, plaintiff appeals. If the building in question, or any part thereof, was an obstruction upon the street of the city, the council had the right to remove same.
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Appeal from District Court, Barnes County, J. A. Coffey, J. Erom an order sustaining a demurrer to the complaint, plaintiff appeals. If the building in question, or any part thereof, was an obstruction upon the street of the city, the council had the right to remove same. Rev. Codes 1905, § 2678, subd. 10; Ludlow v. Fargo, 3 N. D. 485, 57 N. W. 506. If tbe act of tbe city council was in itself lawful, but tbe work of carrying it out was done in an unlawful and improper manner and resulted in damage to plaintiff’s property, tbe city is liable. Chicago v. Norton Mill Co. 196 Ill. 580, 63 N. E.…
1Opinion of the CourtFisK, J.
This is an appeal from an order of the district court of Barnes county, sustaining a demurrer to the plaintiff’s complaint. The plaintiff seeks to recover damages from the defendant city for the alleged trespass by it, through its authorized agents and servants, upon his property, and committing injuries thereto.
It will not be necessary to set out the complaint in full, and we merely state the substance thereof, except as to the important paragraphs which we copy in full.
Plaintiff first alleges his ownership and possession of lots 6 to 12 inclusive of block 16 of the original plat of the city…
2Cases cited14 opinions
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Lee v. . the Village of Sandy HillNew York Court of Appeals · 1869
- Hawks v. Inhabitants of CharlemontMassachusetts Supreme Judicial Court · 1871
- Sheldon v. Village of KalamazooMichigan Supreme Court · 1872
- Soulard v. City of St. LouisSupreme Court of Missouri · 1865
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3Cited by2 opinions
- Michaud v. City of BangorSupreme Judicial Court of Maine · 1963
- Fordney v. King CountyWashington Supreme Court · 1941