Berg v. Village of Chisholm
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $1,500 damages to plaintiff’s real estate caused by lowering the grade of the street. The facts are stated in the opinion.
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Action in the district court for St. Louis county to recover $1,500 damages to plaintiff’s real estate caused by lowering the grade of the street. The facts are stated in the opinion. The case was tried before Hughes, J., who made findings that the retaining wall mentioned in the opinion did not constitute a permanent encroachment upon the street in question, denied an injunction, and a jury which returned a verdict for $607, of which the sum of $157 was allowed as damages for the construction of the retaining wall. From the judgment of January 18, 1919, entered upon the verdict, and from the…
1Opinion of the CourtBrown, C. J.
Action for damages alleged to have resulted from a change of the grade of the street fronting plaintiff’s property. Plaintiff had a verdict and defendant appealed from the judgment entered thereon.
The facts are not in dispute. Plaintiff owns and occupies two lots fronting on Elm street in the village of Chisholm, his residence being situated on one, and a building used for store purposes on the other. Prior to the commencement of the action the municipal authorities made certain improvements in the street, lowering the grade thereof, paving the roadway, and constructing a cement sidewalk…
2Cases cited7 opinions
- Sallden v. City of Little FallsSupreme Court of Minnesota · 1907
- Ziebarth v. NyeSupreme Court of Minnesota · 1890
- Dyer v. City of St. PaulSupreme Court of Minnesota · 1881
- Wallenberg v. City of MinneapolisSupreme Court of Minnesota · 1910
- Manson v. Village of ChisholmSupreme Court of Minnesota · 1919
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Albers v. County of Los AngelesCalifornia Supreme Court · 1965
- State v. CaseySupreme Court of Minnesota · 1962
- Northern Natural Gas Co. v. County of Blue EarthSupreme Court of Minnesota · 1951
- Cahill v. Beltrami CountySupreme Court of Minnesota · 1947
- Brewitz v. City of St. PaulSupreme Court of Minnesota · 1959