Harning v. City of Duluth

Magney, Justice.

Defendant appeals from an order denying its alternative motion for judgment or a new trial.

LeMagie Creek in the city of Duluth flows from the heights above the city to St. Louis Bay. In a distance of 3,000 feet it has a 500-foot fall. It crosses West Eighth street between Thirty-ninth and Fortieth avenues west, flowing between the residences numbered 3913 and 3917 West Eighth street. It passes diagonally under the street through two culverts, each 72 inches in diameter. Above the culverts and the street a pond forms, 10 to 20 feet wide and upwards of 100 feet long. On March…