Dickerman v. City of Duluth
Supreme Court of Minnesota
Action in the district court'for St. Louis county to recover $8,000 for damages to plaintiff’s land caused by a change in tbe established grade of the abutting street. From an order, Dibell, J., overruling a general demurrer to the complaint, defendant appealed. The constitutional amendment does not change the rule in this state, so far as change of grade by municipal corporations is concerned.
Read the full summary
Action in the district court'for St. Louis county to recover $8,000 for damages to plaintiff’s land caused by a change in tbe established grade of the abutting street. From an order, Dibell, J., overruling a general demurrer to the complaint, defendant appealed. The constitutional amendment does not change the rule in this state, so far as change of grade by municipal corporations is concerned. Henderson v. City of Minneapolis, 32 Minn. 319; Yanish v. St. Paul, 50 Minn. 518, 522; Tate v. City of St. Paul, 56 Minn. 527, 529; Abel v. City of Minneapolis, 68 Minn. 93; Willis v. Winona City, 59…
1Opinion of the CourtCollins, J.
This appeal is from an order overruling a demurrer interposed upon the ground that the complaint failed to state facts sufficient to constitute a cause of action.
The order of the lower court will have to be sustained. The action grows out of the building of a viaduct on Garfield avenue in the city of Duluth, the plaintiff being the owner of property fronting upon the avenue. Subsequent to the determination of an appeal in an action involving the liability of the railway companies to build a viaduct over their tracks where they crossed the avenue, — State v. St. Paul & D. R. Co., 79 Minn. 57,…
2Cases cited15 opinions
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
- Eachus v. Los Angeles Consolidated Electric Railway Co.California Supreme Court · 1894
- Chicago v. TaylorSupreme Court of the United States · 1888
- Reardon v. City of San FranciscoCalifornia Supreme Court · 1885
- Pause v. City of AtlantaSupreme Court of Georgia · 1896
10 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Vanderburgh v. City of MinneapolisSupreme Court of Minnesota · 1906
- Vacation of Part of Town of HibbingSupreme Court of Minnesota · 1925
- Sallden v. City of Little FallsSupreme Court of Minnesota · 1907
- King v. Stark CountyNorth Dakota Supreme Court · 1937
- Brooks Investment Co. v. City of BloomingtonSupreme Court of Minnesota · 1975
19 more not listed; retrieve them via the Exa API.