Legal Opinion

Fitzer v. St. Paul City Railway Co.

Supreme Court of Minnesota

Decided July 31, 1908No. Nos. 13,706-(176)PublishedCited by 7 opinions

Action in the district court for Ramsey county to recover $3,000 for damage to plaintiff’s property alleged to have been sustained by the construction and maintenance of a certain tunnel. The'case was tried before Kelly, J., who at the close of plaintiff’s testimony, dismissed the action. From an order denying his motion for a new trial, plaintiff appealed.

1Opinion of the CourtLewis, J.

Appellant is the owner of a lot in the city of St. Paul, having a frontage of sixty three feet on Third street and one hundred forty three on Pleasant avenue, occupied by a two-story building used for residence purposes, facing on Pleasant avenue and having a rear entrance along a five-foot passageway from Third street. Prior to the encroachment complained of, a passageway and sidewalk existed along the south side of Third street and Selby avenue to Summit avenue, and beyond. In 1906-1907 respondent constructed what is known as the "Selby Hill Tunnel,” through which it operates its electric…

2Cases cited4 opinions

  1. Vanderburgh v. City of MinneapolisSupreme Court of Minnesota · 1906
  2. Aldrich v. WetmoreSupreme Court of Minnesota · 1893
  3. Gundlach v. HammSupreme Court of Minnesota · 1895
  4. Siemssen v. HomanNebraska Supreme Court · 1892

3Cited by7 opinions

  1. McCarthy v. City of MinneapolisSupreme Court of Minnesota · 1938
  2. Sandstrom v. Oregon-washington Ry. & Nav. Co.Oregon Supreme Court · 1915
  3. Thorpe v. City of AdaSupreme Court of Minnesota · 1917
  4. Kick's Liquor Store, Inc. v. City of MinneapolisCourt of Appeals of Minnesota · 1998
  5. International Lumber Co. v. American Suburbs Co.Supreme Court of Minnesota · 1912

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