Kopp v. Northern Pacific Railroad
Supreme Court of Minnesota
Plaintiff brought this action in the district court in Bamsey county, May 22, 1888, to recover $3,600 damages to a lot of ground caused by the excavation and carrying away of a great quantity of earth from a lot adjoining plaintiff’s and lying below it on the hillside.
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Plaintiff brought this action in the district court in Bamsey county, May 22, 1888, to recover $3,600 damages to a lot of ground caused by the excavation and carrying away of a great quantity of earth from a lot adjoining plaintiff’s and lying below it on the hillside. The excavation was made in 1880, and the' damages claimed are for injuries caused .by the sinking of parts of plaintiff’s lot into the excavation from time to time between June, 1883, and August 31, 1887. The complaint alleged that the excavation was made by the defendant, and this was put in issue by the answer. At the trial,…
1Opinion of the CourtVanderburgh, J.
This action is brought to recover damages for injuries alleged to have been caused by an excavation of great depth made by the defendant upon land adjacent to the lot of the plaintiff, whereby the natural support was taken away, resulting in landslides, which carried away quantities of the earth and soil of his lot into the excavation. Questions of fact are raised in respect to the cause of the injury, whether it was occasioned by the defendant or by others, or by independent natural causes; also in respect to the extent and measure of damages, and the competency of certain evidence in…
2Cited by3 opinions
- Harper v. Town of LenoirSupreme Court of North Carolina · 1910
- Nelson v. Village of West DuluthSupreme Court of Minnesota · 1893
- Brewitz v. City of St. PaulSupreme Court of Minnesota · 1959