Legal Opinion

Rau v. Minnesota Valley Railroad

Supreme Court of Minnesota

Decided July 15, 1868PublishedCited by 6 opinions

The jury before whom this action was tried in the District Court for Ramsey county, found a verdict for the plaintiff for $500, and judgment was entered pursuant to the verdict. The defendant removes the cause to this Court by appeal. The cause is fully stated in the opinion of the Court.

1Opinion of the CourtBerry, J.

By the Court It is alleged in the complaint in this action, that the plaintiff is and was during the summer of 1866 and the spring of 1867, the owner and in possession of lots 7 and 8 in block 182, in the town of "West St. Paul, and a dwelling house thereon situate; that during the summer of 1866 the defendant made a deep excavation upon lands near said lots and house, and more elevated than said lots, and in making such excavation the defendant took no precaution to prevent the water when said excavation should become filled by the high water in the spring, as was probable to happen, from…

2Cases cited6 opinions

  1. Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
  2. Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
  3. Day v. AlversonNew York Supreme Court · 1832
  4. Andrews v. SmithNew York Supreme Court · 1832
  5. Blunt v. AikinNew York Supreme Court · 1836

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3Cited by6 opinions

  1. Sachra v. Town of ManillaSupreme Court of Iowa · 1903
  2. O'Connell v. East Tenn., Va. & Ga. Railway Co.Supreme Court of Georgia · 1891
  3. Sund v. KeatingWashington Supreme Court · 1953
  4. Ratcliffe v. Indian Hill Acres, Inc.Ohio Court of Appeals · 1952
  5. Gensler v. NicholasMichigan Supreme Court · 1908

1 more not listed; retrieve them via the Exa API.

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