Schrack v. County of Hennepin
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $935 for damages for removing earth and trees from plaintiffs property. The answer alleged that whatever work was done or excavation made in the road where it abutted upon plaintiffs property was for the purpose of improving the highway and not otherwise; that it was necessary for the repair and maintenance of the highway and the accommodation of travel thereon.
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Action in the district court for Hennepin county to recover $935 for damages for removing earth and trees from plaintiffs property. The answer alleged that whatever work was done or excavation made in the road where it abutted upon plaintiffs property was for the purpose of improving the highway and not otherwise; that it was necessary for the repair and maintenance of the highway and the accommodation of travel thereon. The case was tried before Hale, J., and a jury which returned a verdict in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.
1Opinion of the CourtDibell, J.
Action to recover damages for entering upon plaintiff’s property along a highway and removing earth and trees. There was a verdict fox the defendant and the plaintiff appeals from an order denying his motion for a new trial.
*172The plaintiff awns a two-acre tract, cornering on the Minnetonka Mills Eoad, also known as Eoad No. 60, and Excelsior avenue, in Hen-nepin county. Eoad No. 60 runs north and south and Exelsior avenue has a northeasterly and southwesterly course at its intersection with No. 60. The plaintiff’s land fronts to the east on the road 316 feet and to the south and southeasterly…
2Cases cited4 opinions
- Marchand v. Town of Maple GroveSupreme Court of Minnesota · 1892
- Arndt v. ThomasSupreme Court of Minnesota · 1904
- Hurley v. City of West St. PaulSupreme Court of Minnesota · 1901
- Gilbert v. Village of White BearSupreme Court of Minnesota · 1909
3Cited by1 opinion
- Barfnecht v. Town Board of Hollywood TownshipSupreme Court of Minnesota · 1975