Kaje v. Chicago, St. Paul, Minneapolis & Omaha Ry. Co.
Supreme Court of Minnesota
Appeal by defendant, Chicago, St. Paul, Minneapolis and Omaha Bailway Company, from an order of the District Court of Bamsey County, Hascal Ii. Brill, J., made November 13, 1893, overruling its demurrer to the complaint. The complaint does not contain sufficient allegations of special damage to the plaintiff to enable him to recover. Shaubut v. St. Paul & S. C. R. Co., 21 Minn. 502; Simmer v. St. Paul, 23 Minn. 408; Rochette v. Chicago, M. & St. P. Ry.
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Appeal by defendant, Chicago, St. Paul, Minneapolis and Omaha Bailway Company, from an order of the District Court of Bamsey County, Hascal Ii. Brill, J., made November 13, 1893, overruling its demurrer to the complaint. The complaint does not contain sufficient allegations of special damage to the plaintiff to enable him to recover. Shaubut v. St. Paul & S. C. R. Co., 21 Minn. 502; Simmer v. St. Paul, 23 Minn. 408; Rochette v. Chicago, M. & St. P. Ry. Co., 32 Minn. 201; Barnum v. Minnesota T. Ry. Co., 33 Minn. 365; Shero v. Carey, 35 Minn. 423; Thelan v. Farmer, 36 Minn. 225; Swanson v.…
1Opinion of the CourtCanty, J.
This is an appeal from an order overruling a demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action.
The complaint alleges that the plaintiff is the owner of a city lot, 25 feet wide, the rear end of which abuts on a public alley, 20 feet wide, running through the block from street to street, and that prior to June 1, 1891, said alley was open for public use throughout its full extent, and was a means of access to plaintiff’s lot; that, at said time, defendant erected across the end of said alley a building-used as a roundhouse, and…
2Cases cited1 opinion
- Aldrich v. WetmoreSupreme Court of Minnesota · 1893
3Cited by9 opinions
- Beals v. City of Los AngelesCalifornia Supreme Court · 1943
- Gayton v. Department of HighwaysSupreme Court of Colorado · 1962
- Arizona Copper Co. v. GillespieArizona Supreme Court · 1909
- Viebahn v. Board of County CommissionersSupreme Court of Minnesota · 1905
- Sandstrom v. Oregon-washington Ry. & Nav. Co.Oregon Supreme Court · 1915
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