Fox v. City of Winona
Supreme Court of Minnesota
Appeal by plaintiffs from a judgment of the district court for Winona county, after a trial before Mitchell, J., without a jury. The action was brought against the city, its mayor, and marshal, to restrain the latter from enforcing an order of tbe city council, and removing a wooden awning in front of plaintiffs’ buildings.
1Opinion of the CourtBerry, J.
Plaintiffs are owners in fee and in possession of certain land in the city of Winona, and of a building thereon, the front of which stands on the northerly line of Second street. Over the sidewalk in front of the building, the plaintiffs, in 1868, erected a wooden awning,, attaching *11one end of it to tbe building, and supporting tbe other end by perpendicular posts sot into the earth at the outer edge of the sidewalk, at the distance of about ten feet from the building. The important question presented by this case is whether this awning can lawfully be removed by the city authorities.
By the…
2Cited by2 opinions
- Helena v. WootenSupreme Court of Arkansas · 1911
- Mueller v. City of DuluthSupreme Court of Minnesota · 1922