Legal Opinion

O'Neill v. City of St. Paul

Supreme Court of Minnesota

Decided June 26, 1908No. Nos. 15,559—(98)PublishedCited by 2 opinions

Action in the district court for Ramsey county to recover $1,000 for injury to plaintiff’s lot caused by the flow of surface water from certain school grounds of defendant.

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Action in the district court for Ramsey county to recover $1,000 for injury to plaintiff’s lot caused by the flow of surface water from certain school grounds of defendant. The case was tried before Bunn, J., who made the findings mentioned in the opinion and as conclusions of law found that defendant was liable for the negligence of its servants in allowing the gutter to remain in the condition described in the findings and ordered judgment in favor of plaintiff for $506. The defendant moved for judgment notwithstanding the verdict or for a new trial. From the order denying its motion for…

1Opinion of the CourtLewis, J.

This is an action by the owner of a house and lot to recover damages resulting from water claimed to have been negligently allowed to flow upon the lot by appellant after grading and improving certain adjoining school grounds. The trial court found that before the property was graded and the retaining wall built the natural slope of the school ground was such that the surface water flowed in a southwesterly direction across a portion of the lot now owned by respondent, but that it did not flow in sufficient quantities to cause damage; that at that time respondent’s lot was substantially on a…

2Cases cited7 opinions

  1. O'Brien v. City of St. PaulSupreme Court of Minnesota · 1878
  2. Charles Bank v. Brainerd School DistrictSupreme Court of Minnesota · 1892
  3. Pye v. City of MankatoSupreme Court of Minnesota · 1887
  4. Brown v. Winona & Southwestern Railway Co.Supreme Court of Minnesota · 1893
  5. Stoehr v. City of St. PaulSupreme Court of Minnesota · 1893

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Collins v. WicklandSupreme Court of Minnesota · 1958
  2. Roche v. City of MinneapolisSupreme Court of Minnesota · 1947

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