Aldrich v. Wetmore
Supreme Court of Minnesota
Appeal by defendant, Theodore Wetmore, from an order of the District Court of Hennepin County, Seagrave Smith, J., made July 6, 1898, denying his motion for a new trial. The plaintiff, Alfred D. Aldrich, for a first cause of action stated that he had for three years carried on the business of a barber on the ground floor at No. 105 Second Street South in Minneapolis, and lived with his family in the second story.
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Appeal by defendant, Theodore Wetmore, from an order of the District Court of Hennepin County, Seagrave Smith, J., made July 6, 1898, denying his motion for a new trial. The plaintiff, Alfred D. Aldrich, for a first cause of action stated that he had for three years carried on the business of a barber on the ground floor at No. 105 Second Street South in Minneapolis, and lived with his family in the second story. That defendant owned the adjoining lot on the south, and on May 5, 1891, took up the sidewalk in front of it, and excavated a cellar on his lot and under the sidewalk, and deposited…
1Opinion of the CourtVanderburgh, J.
The grounds upon which actions of this character may be sustained were considered in our former decision, reported in 52 Minn. 164, (53 N. W. 1072.)
The plaintiff was not obliged to elect to confine himself to the prosecution of one of the causes of action alleged, which are (1) the injury resulting from the foul exhalations from an old privy vault left in the excavation made by defendant next to plaintiff’s premises, and from the stagnant water therein; and also (2) the alleged obstruction caused by defendant’s depositing earth and debris from the excavation in the street and on the sidewalk…
2Cases cited2 opinions
- Goebel v. HoughSupreme Court of Minnesota · 1879
- Aldrich v. WetmoreSupreme Court of Minnesota · 1893
3Cited by6 opinions
- G., H. S.A. Ry. Co. v. DegroffTexas Supreme Court · 1909
- Manhattan Oil Co. v. MosbyCourt of Appeals for the Eighth Circuit · 1934
- Worden v. BielenbergSupreme Court of Minnesota · 1912
- Force v. GottwaldSupreme Court of Minnesota · 1921
- Galveston, Harrisburg & San Antonio Railway Co. v. DeGroffTexas Supreme Court · 1909
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