St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-11-27
ONLY EIGHTY THOUSAND.
Important Damage Suit Com
menced Against the City.

Important Damage Suit Com
menced Against the City.
81 A very important suit was yesterday
commenced against the city of st. Paul
by Judge j. l.. Macdonald, as counsel
Cor James Dillon. The action is to re-
cover damages, which are laid at $780,
762, and to en- Oin ana restrain the city
from continuing and maintaining GER
tain nuiSences complained of. The sub
stance of Mr.. billions complaint is that
he is the owner of several lots and par
GELS OF land fronting on Commercial
street, upon which he has certain dwell
ing and tenement houses, which, before
the wrongs complained of. he had been
able to rent at an aggregate rental of
s., 500 per year, but that about the year
1882 the city authorities caused to be
constructed the sewer known as Trout
Brook sewer, and others leading into it.
which sewers drain all the filth and
sewerage from that portion of the city
which lies between Pine street and the
Manitoba railroad, and that this said
Trout Brook sewer has only been con-
structed to Phalen creek, where it is
crossed by Fourth street. and that all of
the sewerage is there emptied into fha-
len creek and flows from there
EXPOSED TO THE AIR
past and TIL Ough the aforementioned
premises of MIR. Dillon, and through a
portion of the same to the Mississippi
river. He also alleges that other sew
ers were constructed by the city upon
the west side of the Manitoba railroad
which also empty into Phalen creek
above his land. That before the crea-
ton of the alleged nuisances he had no
difficulty in renting the houses at the
aggregate rental stated; that in cOnse-
quence of the loo atty being rendered
unhealthy and undesirable as place of
residence, has only been unable to rent
the tenements for short and irregular
periods of time, and for an aggregate
rental of not more than $500. making an
aggregate loss of rents to him, during
the past six years, of over $4,000. He
also claims that his property, upon
which these houses and tenementS are
situated, have been, by these nuisances,
injured and deprecated in value to the
amount of $4,000,
FORA SECOND CAUSE
of action he alleges that certain
stream of living water, which Origi-
mates at spring or springs in block 80
of Lyman DaytOn'S addition, and which
formerly flowed in westerly direction
InlO Iudlell cTe6h, Has DeeH ulfStltu
from its natural course by said city fill
ing up and raising Canal street. and
made to flow in a sOutheasterly direc-
ton over and across his lands known
as the Stamford Mill Property" and
thereby rendered it impossible for him
to improve the same or rent it to others,
and in all respects deprived him of the
free use and enjoyment Of the property.
and that the same is also nuisance
which should be abated and enj0ined.
He claims that the use of that portion
of the Sanford mill property of which
he has been deprived by the diversion
of this stream was reasonably worth.
and that but for this diversion and the
befOulng Of Pbalen creek, he could
have rented it for the sum of Sl.500 per
year; all of which he has lost. He also
alleges that this diversion and pollution
of the creek has I'M ured and damaged
this aforementioned property in the sum
of $4,000.
All of these several items of damage
constitute the aggregate amount OF his
claim already stated.