Legal Opinion

Stein v. Berrisford

Supreme Court of Minnesota

Decided June 18, 1909No. Nos. 16,085—(92)PublishedCited by 2 opinions

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

  1. Dunscomb v. RandolphTennessee Supreme Court · 1901

3Cited by2 opinions

  1. Mollenhauer v. WolfeNew York Supreme Court · 1922
  2. Stein v. Golden RuleSupreme Court of Minnesota · 1909

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