Barnett v. St. Anthony Falls Water-Power Co.
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Hennepin county, to recover damages for permanent injuries to real estate, occasioned by the negligent acts of the defendant. The complaint alleges that the land in question was worth $20,900 at the time the injury was done, and prays judgment for $10,000 damages. The action was tried before Young, J., and a jury, and plaintiff had a verdict for $5,888. Defendant appeals from an order refusing a new trial.
1Opinion of the CourtDickinson, J.
The plaintiff is the owner of two lots of land upon the easterly side of Main street, in the city of Minneapolis, having a frontage of 146 feet. The defendant owns the land on the opposite side of the street. At a depth of 12 or 14 feet beneath the surface of the earth, in this vicinity, is a stratum of limestone 20 feet or more in thickness, and beneath that, and extending to a great depth, is soft sandstone. In 1867 the defendant constructed a tunnel, five feet wide and about six feet deep, horizontally through the sandstone, and extending from the Mississippi river eastward to a point…
2Cases cited7 opinions
- Whitney v. ThacherMassachusetts Supreme Judicial Court · 1875
- Swan v. County of MiddlesexMassachusetts Supreme Judicial Court · 1869
- Karst v. St. Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1875
- Thoreson v. Minneapolis Harvester WorksSupreme Court of Minnesota · 1882
- Illinois & Wisconsin Railroad v. Von HornIllinois Supreme Court · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Grant v. CommissionerUnited States Board of Tax Appeals · 1934
- Nelson v. Village of West DuluthSupreme Court of Minnesota · 1893
- Wichita Falls N.W. Ry. Co. v. Harvey Et Ux.Supreme Court of Oklahoma · 1914
- Wyckoff v. HoranSupreme Court of Minnesota · 1888
- Dell Coal Co. v. County Court of Boone CountyWest Virginia Supreme Court · 1934
2 more not listed; retrieve them via the Exa API.