Aldrich v. Wetmore
Supreme Court of Minnesota
Appeal by defendant Theodore Wetmore from an order of the District Court of Hennepin County, Pond, J., made July 25, 1892, granting plaintiffs motion for a new trial. The plaintiff, Alfred D. Aldrich, for a first cause of action stated that, he had for three years carried on the business of a barber on the ground floor at No. 105 Second Street South in Minneapolis, and lived with his family in the second story.
Read the full summary
Appeal by defendant Theodore Wetmore from an order of the District Court of Hennepin County, Pond, J., made July 25, 1892, granting plaintiffs motion for a new trial. The plaintiff, Alfred D. Aldrich, for a first cause of action stated that, he had for three years carried on the business of a barber on the ground floor at No. 105 Second Street South in Minneapolis, and lived with his family in the second story. That defendant owned the adjoining lot on the south, and on May 5, 1891, took up the sidewalk in front of it, and excavated a cellar on his lot and under the sidewalk, and deposited…
1Opinion of the CourtMitchell, J.
The complaint in this action set up two causes of action, each for damages to plaintiff’s property and business by the wrongful act of the defendants in committing and maintaining a nuisance; the nuisance alleged in the first being the obstruction of a public street, and that alleged in the second being the maintenance, on an adjoining lot, of a vault or cesspool, which emitted noxious and offensive smells.
The court excluded all evidence as to the first, on the ground that the complaint did not state facts constituting a cause of action. The case went to trial on the second, and resulted in a…
2Cases cited14 opinions
- Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
- Shaubut v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1875
- Whitney v. WhitmanMassachusetts Supreme Judicial Court · 1809
- Hewitt v. Pioneer-Press Co.Supreme Court of Minnesota · 1876
- Rochette v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1884
9 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Ossenfort Ex Rel. Ossenfort v. Associated Milk Producers, Inc.Supreme Court of Minnesota · 1977
- Connor v. Township of ChanhassenSupreme Court of Minnesota · 1957
- Vanderburgh v. City of MinneapolisSupreme Court of Minnesota · 1906
- Vacation of Part of Town of HibbingSupreme Court of Minnesota · 1925
- District of Columbia v. TottenCourt of Appeals for the D.C. Circuit · 1925
33 more not listed; retrieve them via the Exa API.