Schultz v. Bower
Supreme Court of Minnesota
Appeal by defendant, John S. Bower, from an order of the District Court of Hennepin County, Henry O. Hicks, J., made January •6, 1894, denying his motion for a new trial. The plaintiff, Catharine Schultz, owns vacant lots sixteen, eighteen and nineteen in Auditor’s Subdivision No. 33 on the left bank of the Mississippi River in Minneapolis. Defendant owns the adjacent land on the south and manufactures brick there.
Read the full summary
Appeal by defendant, John S. Bower, from an order of the District Court of Hennepin County, Henry O. Hicks, J., made January •6, 1894, denying his motion for a new trial. The plaintiff, Catharine Schultz, owns vacant lots sixteen, eighteen and nineteen in Auditor’s Subdivision No. 33 on the left bank of the Mississippi River in Minneapolis. Defendant owns the adjacent land on the south and manufactures brick there. He dug down twenty feet or more and removed the clay so close to plaintiff’s land that some of the soil of her land caved away and fell in for over one hundred feet along the line.…
1Opinion of the CourtMitchell, J.
This was an action for damages for the wrongful act of the defendant in removing the lateral support of plaintiff’s soil from the adjacent land, causing it to fall. The jury was sent out to view the premises. This is allowed, not for the purpose of furnishing evidence upon which a verdict is to be found, but solely for the purpose of better enabling the jury to understand and apply the evidence given in court. Chute v. State, 19 Minn. 271, (Gil. 230;) Brakken v. Minneapolis & St. L. Ry. Co., 29 Minn. 43, (11 N. W. 124.)
When the court sent the jury out, he instructed them to carefully view the…
2Cases cited4 opinions
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
- Chute v. StateSupreme Court of Minnesota · 1872
- Nichols v. City of DuluthSupreme Court of Minnesota · 1889
3Cited by18 opinions
- Farnandis v. Great Northern Railway Co.Washington Supreme Court · 1906
- Jackson Hill Coal & Coke Co. v. BalesIndiana Supreme Court · 1915
- State Ex Rel. Rogers v. Board of EducationWest Virginia Supreme Court · 1943
- Schmoe v. CottonIndiana Supreme Court · 1906
- State v. RogersSupreme Court of Minnesota · 1920
13 more not listed; retrieve them via the Exa API.