Legal Opinion

State Fire Marshal v. Fitzpatrick

Supreme Court of Minnesota

Decided June 3, 1921No. 22,249PublishedCited by 9 opinions

In the above entitled matter Anna Fitzpatrick, owner, filed objections. The matter was tried in the district court for St. Louis county before Nelson, J., who made findings and affirmed the order of condemnation of the state fire marshal. The owner’s motion for a new trial was denied. From that order and from an order denying her motion for a new trial, she appealed.

1Opinion of the CourtHolt, J.

The state fixe marshal upon inspection determined that a vacant three-story frame 'building, known as 226 Lake avenue South, in Duluth, Minnesota, was especially liable to fire and dangerous to other property and to human life and limb, and ordered defendant, the owner, to demolish and remove it within 30 days. Defendant filed objections in due time, and a hearing was had in the district court where the order of the fire marshal was sustained. This appeal is from the order of the district court refusing a new trial.

The proceeding is under chapter 469, p. 803, Laws 1917 (amending chapter 36,…

2Cases cited2 opinions

  1. Northwestern Telephone Exchange Co. v. City of MinneapolisSupreme Court of Minnesota · 1900
  2. York v. HargadineSupreme Court of Minnesota · 1919

3Cited by9 opinions

  1. State Ex Rel. Brooks v. CookMontana Supreme Court · 1929
  2. Johnson v. JohnsonSupreme Court of Minnesota · 1947
  3. Zalk & Josephs Realty Co. v. Stuyvesant InsuranceSupreme Court of Minnesota · 1934
  4. Pic v. City of GraftonNorth Dakota Supreme Court · 1983
  5. State v. KellerNebraska Supreme Court · 1922

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