Anderson v. Landers-Morrison-Christenson Co.
Supreme Court of Minnesota
Aetiou in tbe district court for Hennepin county to restrain defendant from obstructing a certain street and alleyway or from further excavating or constructing or maintaining a tunnel or maintaining or operating any cars or other devices in said excavation or tunnel in any way to interfere with tbe free use of tbe alley or street as a public highway, and that they be restored to their normal condition.
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Aetiou in tbe district court for Hennepin county to restrain defendant from obstructing a certain street and alleyway or from further excavating or constructing or maintaining a tunnel or maintaining or operating any cars or other devices in said excavation or tunnel in any way to interfere with tbe free use of tbe alley or street as a public highway, and that they be restored to their normal condition. From an order, Steele, J., overruling defendant’s demurrer to tbe complaint, it appealed.
1Opinion of the Court
Brown, O. J.
Appeal from an order overruling a general demurrer to plaintiffs *441eomplaint. The facts as disclosed by the complaint, and to some extent explained on the oral argument, are substantially as follows: Twenty-ninth street in the city of Minneapolis extends along blocks 19 and 20 in Windom’s addition parallel with the right of way of the Chicago, Milwaukee & St. Paul Pailway Co. The railroad tracks have recently been ordered lowered and depressed by the city authorities. The lowering of the tracks has left a high bank along the street, rendering approach to the railroad yards difficult…
2Cases cited6 opinions
- Vanderburgh v. City of MinneapolisSupreme Court of Minnesota · 1906
- Horton v. WilliamsMichigan Supreme Court · 1894
- Colliton v. OxboroughSupreme Court of Minnesota · 1902
- Baldwin v. FisherSupreme Court of Minnesota · 1910
- Kaje v. Chicago, St. Paul, Minneapolis & Omaha Ry. Co.Supreme Court of Minnesota · 1894
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