Tate v. City of St. Paul
Supreme Court of Minnesota
Appeal by defendant, the City of St. Paul, from an order of the District Court of Eamsey County, Chas. D. Kerr, J., made September 23,1893, denying its motion for a new trial. The plaintiff, William E. Tate, owned the lot and building Nos. 890 and 892 East Seventh Street in St. Paul and carried on a restaurant in the basement.
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Appeal by defendant, the City of St. Paul, from an order of the District Court of Eamsey County, Chas. D. Kerr, J., made September 23,1893, denying its motion for a new trial. The plaintiff, William E. Tate, owned the lot and building Nos. 890 and 892 East Seventh Street in St. Paul and carried on a restaurant in the basement. In 3888 the city planned and constructed sewers in that street and in Mendota Street adjoining insufficient in size, grade and outlet to carry off the water and sewage, and after notice and knowledge of their incapacity neglected to remedy the defect. In September,…
1Opinion of the CourtGilfillan, C. J.
The action is to recover damages arising from a sewer laid by defendant, and with which plaintiff had connected, as he had a right to do, setting the water in it back so that it flooded plaintiff’s basements. The defect alleged in the sewer was that it was of insufficient capacity to carry off the water brought into it. The defect appears to have existed in the original plan for sewering that part of the city; that is, the city, in determining upon a system *529of sewers, determined upon the sizes required for the main sewer and for the lateral sewers running into it, and the size determined on…
2Cases cited11 opinions
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Weis v. City of MadisonIndiana Supreme Court · 1881
- Brayton v. City of Fall RiverMassachusetts Supreme Judicial Court · 1873
- O'Brien v. City of St. PaulSupreme Court of Minnesota · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- McLaughlin v. City of HopeSupreme Court of Arkansas · 1913
- King v. City of Kansas CitySupreme Court of Kansas · 1897
- Hart v. City of NeillsvilleWisconsin Supreme Court · 1905
- Maben v. OlsonSupreme Court of Iowa · 1919
- Pettinger v. Village of WinnebagoSupreme Court of Minnesota · 1953
17 more not listed; retrieve them via the Exa API.