Moran v. City of St. Paul
Supreme Court of Minnesota
Appeal by defendant, the City of St. Paul, from an order of the District Court of Eamsey County, J. J. Egan, J., made September 12, 1892, overruling its demurrer to the complaint. Plaintiff alleged that in August, 1888, he had a contract with the St. Paul City Railway Company to do the excavating and build the foundation walls for the power house on East Seventh Street in St. Paul.
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Appeal by defendant, the City of St. Paul, from an order of the District Court of Eamsey County, J. J. Egan, J., made September 12, 1892, overruling its demurrer to the complaint. Plaintiff alleged that in August, 1888, he had a contract with the St. Paul City Railway Company to do the excavating and build the foundation walls for the power house on East Seventh Street in St. Paul. That in doing that work he was hindered, interfered with, and damaged by leakage from the water-main laid by the City in Seventh Street in front of the work. That the large water-main was negligently and carelessly…
1Opinion of the CourtCollins, J.
The complaint herein alleged, as the gist of the action, that defendant city had laid a large water main or pipe in one of its public streets in so careless and negligent a manner, and had used such poor material and defective workmanship, as to cause it to leak, whereby great quantities of water had escaped, and, passing to land adjoining the street, caused plaintiff to be injured and damaged in a certain specified manner. A demurrer was interposed to this pleading on two grounds: First, that there was a defect of parties defendant; and, second, that facts sufficient to constitute a cause of…
2Cases cited2 opinions
- Pye v. City of MankatoSupreme Court of Minnesota · 1888
- Norton v. City of DuluthSupreme Court of Minnesota · 1893
3Cited by8 opinions
- Brown v. Salt Lake CityUtah Supreme Court · 1908
- O'Neil v. City of RichmondSupreme Court of Virginia · 1925
- Giuricevic v. City of TacomaWashington Supreme Court · 1910
- McCarty v. Town of Mountain ViewTennessee Supreme Court · 1916
- Norton v. City of DuluthSupreme Court of Minnesota · 1893
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