Legal Opinion

McDonald v. City of Red Wing

Supreme Court of Minnesota

Decided January 15, 1868PublishedCited by 16 opinions

This action was brought in the District Court for Goodhue County. Issue was joined, and the cause tried before a jury, who found a verdict for plaintiff for $500. The defendant made a motion for a new trial, which was denied, and from the order denying the same, defendant appeals to, this Court. A sufficient statement of the case appears in the opinion of the Court.

1Opinion of the CourtBerry, J.

By the Court As stated- by the plaintiff’s counsel in his brief, “un this case, a building was torn down and destroyed to prevent the spreading of a conflagration in *39tlie City of Keel "Wing.” ' The plaintiff brings this action against the city to recover tlie value of the building, with other incidental damages. We are of opinion that the city cannot be held liable in any view. Its charter, which is declared to be a public act, is found upon page 181, Laws 1861. Being a creature of the statute, the City of Ked Wing, and its officers, derive all their powers from the statute. Goodnow vs.…

2Cases cited5 opinions

  1. Russell v. Mayor of New-YorkNew York Supreme Court · 1845
  2. Mayor of New York v. LordNew York Supreme Court · 1837
  3. Surocco v. GearyCalifornia Supreme Court · 1853
  4. Stone v. Mayor of New-YorkNew York Supreme Court · 1840
  5. Goodnow v. Board of CommissionersSupreme Court of Minnesota · 1865

3Cited by16 opinions

  1. Allen v. City of DetroitMichigan Supreme Court · 1911
  2. Wegner v. Milwaukee Mutual InsuranceSupreme Court of Minnesota · 1991
  3. Field v. City of Des MoinesSupreme Court of Iowa · 1874
  4. McNally v. WeldSupreme Court of Minnesota · 1883
  5. Stevens v. Minneapolis Fire Department Relief Ass'nSupreme Court of Minnesota · 1945

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