McCarthy v. City of Minneapolis

Stone, Justice.

Action to charge the city of Minneapolis with damage plaintiffs claim to have suffered from the construction of the street railway bridge described in Bruer v. City of Minneapolis, 201 Minn. 40, 275 N. W. 368, wherein we held that the Minneapolis Street Railway was not liable, as a joint tortfeasor, to abutting property owners. The instant case comes here on appeal by plaintiffs from an order sustaining, without leave to plead over, general demurrers to the complaint.

There is no allegation of negligence. The case for plaintiffs reduces itself to a claim that the construction…