Rich v. City of Minneapolis
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Hennepin county, to recover the value of stone removed from a street in the city of Minneapolis, the plaintiff being the ownér of the land abutting upon that portion of the street from which the stone was taken, and the stone having been taken by contractors engaged in grading the street under a contract with the city.
Read the full summary
Plaintiff brought this action in the district court for Hennepin county, to recover the value of stone removed from a street in the city of Minneapolis, the plaintiff being the ownér of the land abutting upon that portion of the street from which the stone was taken, and the stone having been taken by contractors engaged in grading the street under a contract with the city. The action was tried with a jury, before Young, J., and when plaintiff rested his case a dismissal was ordered. Plaintiff appeals from an order refusing a new trial.
1Opinion of the Court
Mitchell,. J.
It clearly appeared from the .evidence introduced by plaintiff that the city of Minneapolis had no right to take these stones. It was not necessary to remove them for the purpose of grading or improving the street, as they were below the grade line. The public acquires in a street only a right of way, with the powers and privileges incident thereto. Subject to this right, the soil and mineral in a street belong to the owner of the fee, the same as if no street had been laid out. When the surface of the land is above grade line, so that in order to grade and improve the street it…
2Cases cited3 opinions
- Robert v. . SadlerNew York Court of Appeals · 1887
- Golcher v. BrisbinSupreme Court of Minnesota · 1874
- Althen v. KellySupreme Court of Minnesota · 1884
3Cited by22 opinions
- White v. Northwestern North Carolina RailroadSupreme Court of North Carolina · 1893
- State v. GambuttiNew Jersey Superior Court Appellate Division · 1955
- Gilbert v. EmersonSupreme Court of Minnesota · 1895
- Owsley v. JohnsonSupreme Court of Minnesota · 1905
- Viliski v. City of MinneapolisSupreme Court of Minnesota · 1889
17 more not listed; retrieve them via the Exa API.