Nelson v. Village of West Duluth
Supreme Court of Minnesota
Appeal by the defendant, the Village of West Duluth, from an order of the District Court of St. Louis County, Frederick Hooker, J., made April 8,' 1893, granting plaintiff’s motion for a new trial.
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Appeal by the defendant, the Village of West Duluth, from an order of the District Court of St. Louis County, Frederick Hooker, J., made April 8,' 1893, granting plaintiff’s motion for a new trial. The plaintiff, Henry Nelson, brought this action to recover $800 damages to lot one (1) in block twenty six (26) in Grassy Point Addition to West Duluth, by filling in earth upon it in grading a street'. The issues were tried November 26, 1892, and plaintiff had a verdict for only $25. He moved for a new trial, on the ground that the damages were inadequate and insufficient, and given under the…
1Opinion of the CourtGilfillan, C. J.
The action is for a trespass upon real estate. Tbe defendant, a municipal corporation, in grading a public street in front of plaintiff’s lot, which seems to have been in low ground, built an embankment, the slope of which, wholly or in part, extended over and rested upon the lot. On the trial the jury rendered a verdict in favor of the plaintiff for $25. He moved for a new trial, on the grounds stated: “(1) For error of law occurring at the trial, and excepted to by plaintiff; (2) inadequate and insufficient damages appearing to have been given under the influence of prejudice.” The court…
2Cases cited5 opinions
- Hicks v. StoneSupreme Court of Minnesota · 1868
- Henderson v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1893
- Barnett v. St. Anthony Falls Water-Power Co.Supreme Court of Minnesota · 1885
- Karst v. St. Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1877
- Kopp v. Northern Pacific RailroadSupreme Court of Minnesota · 1889
3Cited by18 opinions
- Mohr v. WilliamsSupreme Court of Minnesota · 1905
- Grant v. CommissionerUnited States Board of Tax Appeals · 1934
- Fewell v. TappanSupreme Court of Minnesota · 1947
- Alton v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1909
- Ott v. Tri-State Telephone & Telegraph Co.Supreme Court of Minnesota · 1914
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