Sather v. City of Duluth
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $600 for injury to plaintiff’s premises caused by changing the grade of the ■street in front. Prom an order, Dancer, J., overruling his demurrer to the complaint, defendant appealed.
1Opinion of the CourtHallam, J.
This is an appeal from an order overruling a demurrer to plaintiff’s complaint. The complaint alleges the following facts: In 1893 defendant city established the grade of St. Croix avenue as it was then improved and traveled as the permanent grade of the street. In 1909 the city re-established the grade by raising it 16 inches. In 1910 plaintiff acquired title to an abutting lot. In 1911 the city filled and graded the street to the new grade. Plaintiff’s lot was ■damaged.
Section 13, article 1, Constitution of Minnesota, as amended in 1896, provides that “private property shall not be taken,…
2Cases cited12 opinions
- Eachus v. Los Angeles Consolidated Electric Railway Co.California Supreme Court · 1894
- Sallden v. City of Little FallsSupreme Court of Minnesota · 1907
- City of Bloomington v. PollockIllinois Supreme Court · 1892
- Dickerman v. City of DuluthSupreme Court of Minnesota · 1903
- Howley v. PittsburgSupreme Court of Pennsylvania · 1903
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3Cited by4 opinions
- Maguire v. Village of CrosbySupreme Court of Minnesota · 1929
- Morgan v. City of Albert LeaSupreme Court of Minnesota · 1915
- Foote v. City of CrosbySupreme Court of Minnesota · 1981
- Foote v. City of CrosbySupreme Court of Minnesota · 1981