Ginter v. Rector of St. Mark's Church
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover from defendant church corporation $600, damages resulting from the discharge of rain water from the roof of defendant’s building upon plaintiff’s premises. The case was tried before Pond, J., who found in favor of plaintiff for the sum demanded. From an order denying a motion for a new trial, defendant appealed.
1DissentJaggard, J.
(dissenting.)
1. The facts in this case, as found by the trial court, and as set forth in the opinion of the majority of this court, appear to me to contain demonstrable and vital error. The first of the major propositions upon which the plaintiff’s case rests in those findings and in that opinion is:
That the sewer constructed in Sixth street was connected with the sewer system of the city, and was of sufficient capacity to carry away [the] water.
The only evidence in any wise sustaining this is the stipulation of counsel to the effect that for ten or fifteen years past there has been a public…
2Cases cited21 opinions
- Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Stewart v. City of ClintonSupreme Court of Missouri · 1883
- Sloggy v. DilworthSupreme Court of Minnesota · 1888
- Vanderwiele v. . TaylorNew York Court of Appeals · 1875
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