Netzer v. Crookston City
Supreme Court of Minnesota
Appeal by defendant, tlie city of Crookston, from an order of the District Court of Polk County, Frank Ives, J., made February 12, 1894, denying its motion for a new trial after verdict for plaintiff for $500. The case is fully stated in the opinion of the court. The street in which this sewer was laid stopped at the edge of the right of way of the railroad and on this right of way was an embankment of earth sixteen feet high and sixty feet broad on its top.
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Appeal by defendant, tlie city of Crookston, from an order of the District Court of Polk County, Frank Ives, J., made February 12, 1894, denying its motion for a new trial after verdict for plaintiff for $500. The case is fully stated in the opinion of the court. The street in which this sewer was laid stopped at the edge of the right of way of the railroad and on this right of way was an embankment of earth sixteen feet high and sixty feet broad on its top. The sewer in question ían under it. On the top of the embankment were six railroad tracks on which a large number of trains were…
1Opinion of the CourtCanty, J.
The plaintiff’s property abuts on a street in the city of Crookston. In the middle of this street riins the main sewer of the city. The street extends east and west, and terminates 110 feet west of plaintiff’s premises, at a railroad embankment 17 or 18 feet high, on which were six railroad tracks, running north and south. The embankment was 60 feet wide at the top, and 120 feet wide at its base. The sewer extended across under this embankment, and to the west of the same more than 100 feet further, to the Red Lake river, and there emptied. Opposite plaintiff’s premises the sewer wyas about…
2Cases cited3 opinions
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
- Tate v. City of St. PaulSupreme Court of Minnesota · 1894
- Shartle v. City of MinneapolisSupreme Court of Minnesota · 1871
3Cited by5 opinions
- Pettinger v. Village of WinnebagoSupreme Court of Minnesota · 1953
- Power v. Village of HibbingSupreme Court of Minnesota · 1930
- Netzer v. City of CrookstonSupreme Court of Minnesota · 1896
- Rand Lumber Co. v. City of BurlingtonSupreme Court of Iowa · 1904
- Roche v. City of MinneapolisSupreme Court of Minnesota · 1947