Township of Warsaw v. Bakken
Supreme Court of Minnesota
Action in the district court for Goodhue county to restrain defendant from building any fences or other obstructions in a certain road and to abate a nuisance. The case was tried before Johnson, J., who made findings and ordered judgment in favor of defendant. From an order denying its motion for a new trial, plaintiff appealed.
1Opinion of the Court
On January 28, 1916, the following opinion was filed:
2Per curiam
Motion in this court by the plaintiff to substitute the successors in interest in place of the defendant, deceased since the appeal. The motion is opposed upon the ground that the action abated upon the death of the defendant. 1
The action is for an injunction restraining the defendant from obstructing a roadway through his land and for an abatement of the nuisance caused by such obstruction. The issue was whether under an agreement between the plaintiff town and the predecessor in title of the defendant and what was done pursuant to it the…
3Cases cited1 opinion
- Delisha v. Minneapolis, St. Paul, Rochester & Dubuque Electric Traction Co.Supreme Court of Minnesota · 1910
4Cited by1 opinion
- Northwestern Fuel Co. v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1916