Ziebarth v. Nye
Supreme Court of Minnesota
Appeal by defendants from an order of the district court for Grant county, C. L. Brown, J., presiding, refusing a new trial after verdict of $200 for plaintiff.
1Opinion of the CourtMitchell, J.
This was an action for damages for a trespass upon the land of plaintiff. The trespass complained of was excavating, for the length of half a mile across plaintiff’s farm, two parallel ditches, 30 feet apart, and throwing the earth between the ditches, thus forming an embankment. The defence was that the locus in quo was a public highway, and that the act complained of was lawfully done, in building and grading the road. It is neither necessary nor practicable to follow appellants’ counsel through his 50 assignments of error. The issues in the case were very simple, being — -first, the…
2Cases cited2 opinions
- Pierro v. St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1888
- Karst v. St. Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1877
3Cited by17 opinions
- Northern States Power Co. v. FranklinSupreme Court of Minnesota · 1963
- Gohman v. City of St. BernardOhio Supreme Court · 1924
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- King v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1900
- Hebert v. City of Fifty LakesSupreme Court of Minnesota · 2008
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