Legal Opinion

Hirsch v. City of St. Paul

Supreme Court of Minnesota

Decided May 17, 1912No. Nos. 17,520—(72)PublishedCited by 9 opinions

Action in tbe district court for Pamsey county to recover $2,000, damages caused by tbe grading of a street. From an order, Dickson, J., sustaining plaintiff’s demurrer to the fifth, sixth and seventh paragraphs of the answer, defendant appealed.

1Opinion of the CourtHolt, J.

Plaintiff is the owner of a city lot abutting on Juliet Place, a street in the city of St. Paul. In 1909 and 1910 the city established a first grade and graded this street. Plaintiff now sues the city for damages, claiming that the value of the lot was diminished by placing the grade several feet above the level of the lot.

The city answered, and by way of defense alleged that, upon a petition signed by plaintiff and others for the grading of the street, it established the grade and graded the street; that the city was authorized to make assessments of benefits and damages on real estate…

2Cases cited4 opinions

  1. Sallden v. City of Little FallsSupreme Court of Minnesota · 1907
  2. Postel v. City of SeattleWashington Supreme Court · 1906
  3. Scurry v. City of SeattleWashington Supreme Court · 1894
  4. McCarthy v. City of St. PaulSupreme Court of Minnesota · 1876

3Cited by9 opinions

  1. Austin v. Village of Tonka BaySupreme Court of Minnesota · 1915
  2. Electric Short Line Terminal Co. v. City of MinneapolisSupreme Court of Minnesota · 1954
  3. Morgan v. City of Albert LeaSupreme Court of Minnesota · 1915
  4. Dynes v. Town of KilkennySupreme Court of Minnesota · 1922
  5. Hughes v. Village of NashwaukSupreme Court of Minnesota · 1929

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