Worden v. Bielenberg
Supreme Court of Minnesota
Action in the district court for Eamsey county to recover $650 damages for obstructing a street and cutting off access to plaintiff’s house. The facts are stated in the opinion.
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Action in the district court for Eamsey county to recover $650 damages for obstructing a street and cutting off access to plaintiff’s house. The facts are stated in the opinion. The answer alleged that Eobie street extended in an easterly and westerly direction and «crossed Gorman and Livingston avenues; that Eobie street and Livingston avenue were covered by a thick bed of limestone and that for some years defendant had been engaged in quarrying the limestone from the properties owned by him; that pursuant to the authority granted by the common council to grade Livingston avenue at his own…
1Opinion of the CourtBrown, J.
Plaintiff owns a lot in the center of block 87, West St. Paul, which he occupies with his family as a residence. The lot fronts on Eobie street. Defendant owns all the lots in this block to the east of plaintiff’s lot and up to the line of Livingston avenue, and also all the lots west of plaintiff’s property; all fronting on Eobie street. All the property, including the adjacent streets, is underlaid with a deposit of limestone, of marketable value. In 1885 the city council ■by appropriate proceedings established the grade of Livingston avenue at two feet below the natural level of the…
2Cases cited5 opinions
- Jungblum v. Minneapolis, New Ulm & Southwestern RailroadSupreme Court of Minnesota · 1897
- Ziebarth v. NyeSupreme Court of Minnesota · 1890
- Minnesota Valley Railroad v. DoranSupreme Court of Minnesota · 1871
- Aldrich v. WetmoreSupreme Court of Minnesota · 1893
- Baldwin v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1886
3Cited by9 opinions
- Northern States Power Co. v. FranklinSupreme Court of Minnesota · 1963
- Gross v. Connecticut Mutual Life Insurance Co.South Dakota Supreme Court · 1985
- Hebert v. City of Fifty LakesSupreme Court of Minnesota · 2008
- Burk Ranches, Inc. v. StateMontana Supreme Court · 1990
- Applegate v. Platte Valley Public Power & Irrigation DistrictNebraska Supreme Court · 1939
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