Legal Opinion

Gillespie v. City of Duluth

Supreme Court of Minnesota

Decided July 13, 1917No. Nos. 20,408 — (214)PublishedCited by 1 opinion

Action in the district court for St. Louis county to recover $1,500 damages for the discharge of sewerage and gases into the basement of plaintiffs’ house from a certain sewer.

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Action in the district court for St. Louis county to recover $1,500 damages for the discharge of sewerage and gases into the basement of plaintiffs’ house from a certain sewer. The answer alleged that the sewer was planned and constructed by competent engineers, and they and the owner of the land honestly believed the sewer would be sufficient for the uses to which it was to be put, and that, if plaintiffs’ house was flooded, the cause was an extraordinary storm which constituted an act of God and could not have been anticipated by the persons who planned and constructed the sewer. The case…

1Opinion of the Court

Taylor, C.

Plaintiffs recovered a verdict for the damages to their dwelling house *455and the personal property therein caused by water backing up from the city sewer and flooding the basement of the building.. Defendant appealed from an order denying its alternative motion for judgment notwithstanding* the verdict or for a new trial.

Defendant rests its appeal upon two propositions which are stated in its brief as follows:

1. “Plaintiffs are not entitled to damages to the freehold because they did not prove any title thereto.”

2. “Plaintiffs are not entitled to damages arising because of the…

2Cases cited3 opinions

  1. Maletta v. Oliver Iron Mining Co.Supreme Court of Minnesota · 1916
  2. Stevens v. Town of SandnesSupreme Court of Minnesota · 1909
  3. Marchio v. City of DuluthSupreme Court of Minnesota · 1916

3Cited by1 opinion

  1. Spence v. PriceIdaho Supreme Court · 1929

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