St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-04-07
HANDS DOWN DECISIONS.
SUPREME COURT GIVES CITY OF ST.
PAUL A VICTORY
RIGHTS OFF CITY EXPLAINED

Munger's Lots Located on a Steep
Grade, and City Had the Right
to Excavate for the Street-No
Evidence on Which Jury Could
Have Awarded Damages-Ihe
Syllabi.
Tide supreme court yesterday handed
down two decisions written by Justice
Collins. The first is that OF II. G. Mum
ger. appellant, vs.. CITY of st. Paui, re-
spondent. In this case ''the city Rad
caused the grades of Greenbrier avenue
and Wells street to he fixed Iii accord
ance with its charter provisions long
before the work was done, of winch the
plaintiff complains. His lots were
located upon a steep hill, and faced
south upon Wells street, which ran east
and west along the side of the hill and
below the lots. On the center line OF
this street the grade had been eStaO
lished, so that, generally speaking. 1t
was just about AT the natural surface OF
the ground. and. necessarily. the south
half of the street would have to be filled
when graded, while the north half.
OH which plaintiffs lots abutted
would have to be eXcavated.
The city had the undoubted right to
enter upon the avenue and street for
the purpose of bringing 10 grade. I'M
proving and making them passable.
The plaintiffs right TO recover COIN
pensation for damages other than those
,lts .nfalN vtla. N
slopes upon tho soil of his lots, was the
question conSiuer-" by the court. IN
concluding his decision Judge Collins
says:
LAS there was no evidence upon
which the jury could have inteiligently
acted when attempting TO assess the
damages arising out of the practical
alteration of the s,aue on the SOuth-halt
of the street, assuming that the plaintl1
was entitled to recover therefor, the
rulings of the trial court challenged by
the assignments of error last referred to
were correct"
The syllabus is here given:
II. c. Munger, appellant. VS.. City of st. Paul,
respondent. Order affirmed.
COLLINS, j.
/. In the control and Improvement Of
its public streets a municipi corpora
tiOn-in the absence OF any Lawful! re-
StrictiOn or regulation to the contrary
has the same rights and powers as
private owner has over his own land,
and as to AUDITING owners is subject to
the same liabilities.
2. Held, that in this case there was
no evidence introduced Or received
upon the trial Oh which the jury could
have awarded damages to the plaintiff,
an abutting property owner, alleged to
have been caused by a permanent alter.
alton of The established grade i'll a part
of the street In front of his lots.
The syllabus i'll the other case is as
follows:
Robert L. Mccormick ct al, respondents,
VS.. Milburn & Stoodard Company, appel
lants. order affirmed. COLLINS, j.
l. Certain provisions respecting
railway track to a warehouse, found in
lease of real property, construed.
Held that the landlords were not
liable for extra expenses incurred by
the tenant in doing business while rail-
way privileges were suspended through
no fault of the former.
2. Held, upon an examination of the
record, that the evidence failed TO show.
as contended by the tenant, that its
claim for reimbursement OH account of
said extra expense had been admitted
and allowed upon settlement with the
landlords.