Legal Opinion

McCarthy v. City of St. Paul

Supreme Court of Minnesota

Decided April 10, 1876PublishedCited by 7 opinions

This action was broughtún the district court for Eamsey county to recover for the injury alleged to have been occasioned to plaintiff’s lots on Mississippi street, in the city of St. Paul, by the change of the grade of that street. At the trial, before WiIMn, J., the plaintiff had a verdict, on which judgment was entered, and defendant appealed.

1Opinion of the Court

Cornell, J.1

By § 12, ch. 8, of the charter of the defendant corporation, which was adopted March 6, 1868, *528it is provided that ‘ ‘the common council shall cause to be established, under the direction of the city surveyor, the grade of all streets, sidewalks and alleys in said city, and shall cause accurate profiles thereof to be made, one of which shall be filed in the office of the register of deeds of Ramsey county ; and should the grade so established be at any time thereafter altered, all damages, costs and charges arising therefrom shall be paid by the city to the owner of any lot, or…

2Cases cited2 opinions

  1. Cahill v. EastmanSupreme Court of Minnesota · 1872
  2. Stowell v. City of MilwaukeeWisconsin Supreme Court · 1872

3Cited by7 opinions

  1. Sullivan v. Minneapolis & Rainy River Railway Co.Supreme Court of Minnesota · 1913
  2. People Ex Rel. Brisbane v. ZollNew York Court of Appeals · 1884
  3. Hirsch v. City of St. PaulSupreme Court of Minnesota · 1912
  4. Almand v. Board of Drainage CommissionersSupreme Court of Georgia · 1918
  5. Sather v. City of DuluthSupreme Court of Minnesota · 1913

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