Kunst v. City of Grafton

Milder, Judge:

A clear statement of the cause of action is rendered necessary to a proper understanding of our decision on the points of error presented. Plaintiff alleges that being the owner of a lot on Front Street in the City of Grafton, running back and up a gentle slope to a steeper hillside and connected with the surface of his lot by a natural and unbroken surface and by natural and unbroken strata, and upon which lot there was situated a two story frame dwelling house, of great value, and which, prior to the grievances complained of, was occupied by a tenant, and yielding plaintiff…