Legal Opinion

Bruns v. Willems

Supreme Court of Minnesota

Decided May 29, 1919No. 21,270PublishedCited by 7 opinions

Action in the district court for Carver county to compel defendant to restore a certain strip of land to its former condition and to recover $500 damages. The facts are stated in the second paragrph of the opinion. The case was tried before Tifft, J., who made findings as stated in the third paragraph of the opinion and ordered judgment in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

1Opinion of the CourtHolt, J.

The action is for a mandatory injunction to undo the grading defendant did on a road along the west line of plaintiff’s land, and for incidental damages. Defendant prevailed, and plaintiff appeals.

Plaintiff described the land he owned and alleged that, for many years, he had maintained a driveway running south, upon the west boundary, from the Shakopee road to the southwest comer of his premises, and that such driveway was for his personal use. He also alleged that defendant wrongfully entered upon this road with teams and road construction equipment, graded, scraped and filled the road to a…

2Cases cited10 opinions

  1. Alley v. CarletonTexas Supreme Court · 1867
  2. Graham v. WalkerSupreme Court of Connecticut · 1905
  3. Lidgerding v. ZignegoSupreme Court of Minnesota · 1899
  4. Reed v. Board of Park CommissionersSupreme Court of Minnesota · 1907
  5. Cady v. Springfield Water Works Co.New York Court of Appeals · 1892

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3Cited by7 opinions

  1. Melvin Griffeth and Lois D. Griffeth v. Utah Power & Light Company, a CorporationCourt of Appeals for the Ninth Circuit · 1955
  2. Farnes v. Freeman LaneSupreme Court of Minnesota · 1968
  3. Jones v. StevensMassachusetts Supreme Judicial Court · 1931
  4. Graves v. GerberNebraska Supreme Court · 1981
  5. Stapf v. WobbrockSupreme Court of Minnesota · 1927

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