Henderson v. City of Minneapolis
Supreme Court of Minnesota
Appeal by plaintiff from a judgment of the district court for Hennepin county, Koon, J., presiding. The judgment was rendered on the pleadings, which are stated in the opinion.
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Appeal by plaintiff from a judgment of the district court for Hennepin county, Koon, J., presiding. The judgment was rendered on the pleadings, which are stated in the opinion. The doctrine of Callender v. Marsh, 1 Pick. 418, and Radcliff v. Brooklyn, 4 N. Y. 195, has not been followed in this state, and is inconsistent with O’Brien v. City of St. Paul, 25 Minn. 331; Dyer v. City of St. Paul, 27 Minn. 457. The principle of these last eases is more conservative of private rights, and is more in harmony with the rule laid down by the courts of Ohio. Rhodes v. City of Cleveland, 10 Ohio, 159;…
1Opinion of the CourtDickinson, J.
It appears by the pleadings, upon which this cause' is to be determined, that the plaintiff is the owner of a lot of land fronting upon a public street in the city of Minneapolis, owning the fee, subject to the public easement, to the centre of the street. In *3211880, by the action of the city authorities, a grade was established upon this street and the street graded in conformity therewith. Upon the lot, and upon a level with the established grade, stood the plaintiff’s dwelling-house, and a valuable livery barn and stable, the livery barn having been placed upon the lot after the grade…
2Cases cited19 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Smith Ex Rel. Cushing v. Corporation of WashingtonSupreme Court of the United States · 1858
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- O'Brien v. City of St. PaulSupreme Court of Minnesota · 1878
- City of Quincy v. JonesIllinois Supreme Court · 1875
14 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Blair v. City of CharlestonWest Virginia Supreme Court · 1896
- Martinez v. CookNew Mexico Supreme Court · 1952
- Willis v. Winona CitySupreme Court of Minnesota · 1894
- Morris v. City of IndianapolisIndiana Supreme Court · 1911
- Pye v. City of MankatoSupreme Court of Minnesota · 1887
20 more not listed; retrieve them via the Exa API.