Dyer v. City of St. Paul
Supreme Court of Minnesota
Plaintiff brought this action in’the district court for Ramsey county to recover for damages done to her lot by the •defendant in grading a street on which it fronted. On the trial, before Wilkin, J., and a jury, the plaintiff had a verdict; a new trial was refused, and the defendant appealed.
1Opinion of the CourtBerry, J.
The court below instructed the jury in this case that the plaintiff, whose lot adj’oined a street, “was entitled , to the lateral support of the land adjoining his lot, and that the city is liable for any damage occasioned by removing that! lateral support in the grading” of such street. The instruc*458tion was based upon the decision of this court in O’Brien v. City of St. Paul, 25 Minn. 331. That case states, approves, and is determined upon the propositions that “in the control and improvement of streets for public use, ” a municipal corporation possesses “the same rights and power as a…
2Cases cited1 opinion
- O'Brien v. City of St. PaulSupreme Court of Minnesota · 1878
3Cited by14 opinions
- Stearns v. City of RichmondSupreme Court of Virginia · 1892
- Henderson v. City of MinneapolisSupreme Court of Minnesota · 1884
- Pye v. City of MankatoSupreme Court of Minnesota · 1887
- Talcott Bros. v. City of Des MoinesSupreme Court of Iowa · 1906
- Kukkuk v. City of Des MoinesSupreme Court of Iowa · 1922
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