Nichols v. City of Duluth
Supreme Court of Minnesota
This action and four others, (in which Celia E. V. Brown, Shubart E. White, Martha A. Triggs, and Charles H. Eldridge were severally plaintiffs) against the same defendant, were tried together in the district court for St. Louis county, before Stearns, J., and a jury, and a separate verdict returned in each for the plaintiff. In each case the defendant appeals from an order refusing a new trial.
1Opinion of the CourtMitchell, J.
These actions were brought to recover the cost of a retaining wall built by the several respondents to support the soil of their respective lots so as to prevent it from falling into the adjoining street. The evidence abundantly supports the verdict of the *390jury that the construction of the wall was rendered necessary by reason of the appellant city excavating the street (in grading it) so as to remove the lateral support which it naturally rendered to the soil of the adjacent property of respondent. On these facts the doctrine of O'Brien v. City of St. Paul, 25 Minn. 331, and Dyer v. City of…
2Cases cited2 opinions
- O'Brien v. City of St. PaulSupreme Court of Minnesota · 1878
- Dyer v. City of St. PaulSupreme Court of Minnesota · 1881
3Cited by7 opinions
- Schultz v. BowerSupreme Court of Minnesota · 1894
- Wallenberg v. City of MinneapolisSupreme Court of Minnesota · 1910
- Northern Natural Gas Co. v. County of Blue EarthSupreme Court of Minnesota · 1951
- McCullough v. St. Paul, Minneapolis & Manitoba Ry. Co.Supreme Court of Minnesota · 1892
- Brewitz v. City of St. PaulSupreme Court of Minnesota · 1959
2 more not listed; retrieve them via the Exa API.