Sewall v. City of St. Paul
Supreme Court of Minnesota
The defendant having caused deep excavations to be made in Rondo and Mackubin streets, for the purpose of grading those streets, and having laid an assessment, for such grading, upon certain lots of the plaintiff in front of which the excavations had been made, the plaintiff, claiming that the defendant’s proceedings were in violation of law, brought this action to recover damages for injuries occasioned by the excavation to her said property, and to restrain the collection…
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The defendant having caused deep excavations to be made in Rondo and Mackubin streets, for the purpose of grading those streets, and having laid an assessment, for such grading, upon certain lots of the plaintiff in front of which the excavations had been made, the plaintiff, claiming that the defendant’s proceedings were in violation of law, brought this action to recover damages for injuries occasioned by the excavation to her said property, and to restrain the collection of the assessment. The complaint alleges that the work of excavating was done by the firm of McCarty & Butlers, under a…
1Opinion of the Court
By the Court.
McMillan, Ch. J.
This is an action in the1 nature of a suit in equity, in which the plaintiff, upon the facts stated in the complaint, seeks to obtain a judgment, enjoining the defendant from collecting an illegal assessment for a local improvement, to-wit: the grading of a street, and declaring such assessment void, and also awarding her damages for injury to her property, caused by an alleged trespass in grading such street.
The defendant having interposed an answer, the cause, upon certain of the issues, was tried by jury and resulted in a verdict for the plaintiff, upon which a…
2Cases cited8 opinions
- Scammon v. City of ChicagoIllinois Supreme Court · 1866
- Myrick v. City of La CrosseWisconsin Supreme Court · 1863
- Field v. ParkNew York Supreme Court · 1822
- Prindle v. CampbellSupreme Court of Minnesota · 1864
- Cowen v. Village of West TroyNew York Supreme Court · 1864
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State ex rel. Hay v. AldersonMontana Supreme Court · 1914
- Gilmore v. HentigSupreme Court of Kansas · 1885
- Malmgren v. PhinneySupreme Court of Minnesota · 1892
- Knoxville v. Knoxville Water Co.Tennessee Supreme Court · 1901
- Carpenter v. City of St. PaulSupreme Court of Minnesota · 1876
6 more not listed; retrieve them via the Exa API.