Romer v. St. Paul City Railway Co.
Supreme Court of Minnesota
Action for $6,000 as damages done to plaintiff’s property by defendant in operating its street-car barn and switches. A verdict was rendered for defendant. From an order of the district court for Ramsey county, Bunn, J., denying a motion for a new trial, plaintiff appealed. The evidence in this case proved the existence of a nuisance within the meaning of G-. S. 1894, § 5881. See also Wood, Nuis.
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Action for $6,000 as damages done to plaintiff’s property by defendant in operating its street-car barn and switches. A verdict was rendered for defendant. From an order of the district court for Ramsey county, Bunn, J., denying a motion for a new trial, plaintiff appealed. The evidence in this case proved the existence of a nuisance within the meaning of G-. S. 1894, § 5881. See also Wood, Nuis. (2d Ed.) §§ 612, 617. That is a nuisance which annoys and disturbs one in the possession of his property, rendering its ordinary use or occupation physically uncomfortable to him. For such annoyance…
1Opinion of the CourtStart, C. J.
This was an action for damages against the defendant for so maintaining and operating its street-car barn, and switching the cars in and out of it, as to constitute a nuisance, whereby the rental value of the plaintiff’s real estate was impaired. At the close of the evidence the trial court directed a verdict for the defendant, and the plaintiff appealed from an order denying his motion for a new trial.
Competent evidence was introduced on the trial which was sufficient, taking the most favorable view of it for the plaintiff, to establish the following facts: Ramsey street and Smith and…
2Cases cited3 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
- Newell v. Minneapolis, Lyndale & Minnetonka Railway Co.Supreme Court of Minnesota · 1886
3Cited by20 opinions
- Georgia Railroad & Banking Co. v. MaddoxSupreme Court of Georgia · 1902
- McCarthy v. City of MinneapolisSupreme Court of Minnesota · 1938
- Thomason v. RailroadSupreme Court of North Carolina · 1906
- Stuhl v. Great Northern Railway Co.Supreme Court of Minnesota · 1917
- City of Shelbyville v. GloverCourt of Appeals for the Sixth Circuit · 1910
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