Young v. Mall Investment Co.

Olsen, C.

Plaintiff brings this action to recover damages caused to her lot and building by reason of the excavation for the foundation of a building on the adjoining lot, owned by one of the defendants. She bases her right of recovery principally on an ordinance of the city of Minneapolis. Defendants attack the ordinance as void and unconstitutional..

The ordinance provides:

“All excavations for buildings shall be properly guarded and protected by the person, persons or corporations causing the same to be made, so as to prevent the same from becoming dangerous to life or limb, and shall be…