Forsythe v. City of South St. Paul

Olsen, C.

Appeal by defendant from an order denying its alternative motion for judgment or a new trial.

In 1919 the defendant city, in grading a street 'known as Camber avenue, adjacent to lots owned by the plaintiff, made a cut in the street, whereby the lateral support of plaintiff’s lots was partly removed. This caused a material part of the surface soil of three of plaintiff’s lots to slide into the street, from which such soil- was removed by defendant. Defendant also entered upon a part of the lots adjoining the street and made a slope back from the street, removing material therefrom for…