Stein v. Berrisford
Supreme Court of Minnesota
Action in the district court for Ramsey county to compel defendant to close openings in a party wall and for $600 damages. The substance of the pleadings is stated in the opinion. The ease was tried before Bunn, J., and a jury to which was submitted the question of damages.
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Action in the district court for Ramsey county to compel defendant to close openings in a party wall and for $600 damages. The substance of the pleadings is stated in the opinion. The ease was tried before Bunn, J., and a jury to which was submitted the question of damages. The jury rendered a verdict in favor of defendant, and the court granted plaintiff’s motion for judgment notwithstanding the verdict and issued a mandatory injunction requiring defendant to close the openings.
1Opinion of the CourtStart, C. J.
Appeal from a judgment of the district court of the county of Ramsey enjoining the defendant from maintaining openings for windows in a party wall resting on the land of the respective parties, and requiring the defendant to remove the windows and close the openings.
The complaint alleged the making of a party wall contract by the parties hereto, whereby it was agreed that a brick wall should be built and maintained, one-half on the land of each of the parties, the center of the wall to be the line between the respective lands; that the defendant, in the first instance, should construct and…
2Cases cited1 opinion
- Dunscomb v. RandolphTennessee Supreme Court · 1901
3Cited by2 opinions
- Mollenhauer v. WolfeNew York Supreme Court · 1922
- Stein v. Golden RuleSupreme Court of Minnesota · 1909