City of Fergus Falls v. Boen
Supreme Court of Minnesota
Action in the district court for Otter Tail county to .recover $33' alleged to be due by reason of defendant having connected his premises with plaintiff’s sewer. The case was tried before Baxter, J., who found in favor of defendant; and from an order denying a motion for a new trial, plaintiff appealed. The power of a city to construct sewers is a specific grant for private purposes. The sewers are the private property of the city.
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Action in the district court for Otter Tail county to .recover $33' alleged to be due by reason of defendant having connected his premises with plaintiff’s sewer. The case was tried before Baxter, J., who found in favor of defendant; and from an order denying a motion for a new trial, plaintiff appealed. The power of a city to construct sewers is a specific grant for private purposes. The sewers are the private property of the city. City v. Corey, 9 Mich. 164; Child v. City, 86 Mass. 41; Munger v. City of St. Paul, 57 Minn. 9. The city has a right, to fix a reasonable charge. Borough v.…
1Opinion of the CourtCollins, J.
Upon findings of fact the court below ordered judgment in favor of defendant, and the appeal is from an order denying a new trial, the claim being that, on the facts as found, judgment should have been for plaintiff.
These facts are not at all complicated. The defendant city constructed a sewer in one of its streets, which sewer connected with the state hospital for the insane. One half the cost was paid by the state, and the other half by the city, out of what is known as the “permanent improvement fund.” The city charter provided for an assessment of the cost of sewer construction in the…
2Cited by5 opinions
- Jordan v. City of LogansportIndiana Supreme Court · 1912
- City of Fergus Falls v. EdisonSupreme Court of Minnesota · 1905
- Lee v. ScriverSupreme Court of Minnesota · 1919
- Mulkey v. City of KaufmanCourt of Appeals of Texas · 1926
- City of Tulsa v. BellSupreme Court of Oklahoma · 1929