City of Duluth v. Duluth Street Railway Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $9,814.56, defendant’s share of the cost, of repaving a certain street. The case was tried before Dancer, J., who made findings and ordered judgment in favor of plaintiff for $320.65. From an order denying its motion to amend the findings, conclusions and order for judgment, plaintiff appealed.
1Opinion of the Court
Lees, C.
This is an appeal from the judgment in an action to recover the reasonable value of paving done on a portion of a street in the city of Duluth which is occupied by defendant’s line of street railway. In July, 1891, when certain territory now included in the city of Duluth, constituted the village of West Duluth^ the village council, by ordinance, granted a franchise to defendant to construct and operate a street railway. Section 5 of the ordinance contained, among other provisions, the following:
"The said company shall be required to keep the surface of the street inside its rails and…
2Cases cited4 opinions
- Hughes v. FarnsworthSupreme Court of Minnesota · 1917
- Minneapolis, St. Paul, Rochester & Dubuque Electric Traction Co. v. City of MinneapolisSupreme Court of Minnesota · 1914
- City of Duluth v. DavidsonSupreme Court of Minnesota · 1906
- City of Red Wing v. Wisconsin-Minnesota Light & Power Co.Supreme Court of Minnesota · 1918
3Cited by1 opinion
- In Re Assessment for Widening East Fourth Street in St. PaulSupreme Court of Minnesota · 1927