Karst v. St. Paul, Stillwater & Taylor's Falls Railroad
Supreme Court of Minnesota
Appeal by defendant from an order of the district court-for Washington county, Crosby, J., presiding, refusing a new trial.
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Appeal by defendant from an order of the district court-for Washington county, Crosby, J., presiding, refusing a new trial. The cutting in front of plaintiff’s lots was made by* defendant in May, 1872. The proceedings of the city council of Stillwater, under which defendant acted, and* which it claimed amounted to a contract from which the city could not withdraw, were as follows : On October 6, 1871, the defendant petitioned the council for leave “ to grade Main street to the established grade, and use the materials so removed in the construction of its roadbed on the east side of said…
1Opinion of the CourtBerry, J.
Plaintiff was owner of a lot on the west side of, and abutting on, Main street, (so called,) a public street in the city of Stillwater. Defendant made an excavation in *120the street between the centre line thereof and the front line of the lot. This action is brought to recover damages for the excavation. Defendant attempts to justify under certain proceedings of the city council of the city of Stillwater, by which, according to defendant’s construction, the city authorized the defendant to excavate the street in front of plaintiff’s lot to the grade thereof established by the city council, in…
2Cases cited1 opinion
- Ludlow v. Village of YonkersNew York Supreme Court · 1865
3Cited by17 opinions
- Henderson v. City of MinneapolisSupreme Court of Minnesota · 1884
- Macon Consolidated Street Railroad v. Mayor of MaconSupreme Court of Georgia · 1901
- Charles v. PatchSupreme Court of Missouri · 1885
- State ex rel. Wheeler v. District CourtSupreme Court of Minnesota · 1900
- Heath v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1914
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