Electric Short Line Terminal Co. v. City of Minneapolis

Matson, Justice.

Defendant city appeals from an order striking from its answer a paragraph alleging as a complete defense that plaintiffs’ exclusive remedy for the recovery of damages from a change of street grade is provided by the city charter.

On March 31, 1950, the Minneapolis city council, acting upon the detañed report and specifications submitted by its committee on roads and bridges, adopted a resolution changing the grade of that portion of Seventh street north — inclusive of the intersection with Third avenue north — which constitutes the east approach to the Seventh street north…