ELECTRIC SHORT LINE TERMINAL CO. v. CITY OF MINNEAPOLIS

No. 36,126.

242 Minn. 1 (1954)

ELECTRIC SHORT LINE TERMINAL COMPANY AND ANOTHER v. CITY OF MINNEAPOLIS.

Supreme Court of Minnesota.

April 9, 1954.


Attorney(s) appearing for the Case

John F. Bonner, City Attorney, Palmer B. Rasmusson, Assistant City Attorney, for appellant.

Grant L. Martin, Charles F. Noonan, Dorsey, Colman, Barker, Scott & Barber, and Rolf O. Slen, for respondents.


MATSON, JUSTICE.

Defendant city appeals from an order striking from its answer a paragraph alleging as a complete defense that plaintiffs' exclusive remedy for the recovery of damages from a change of street grade is provided by the city charter.

On March 31, 1950, the Minneapolis city council, acting upon the detailed report and specifications submitted by its committee on roads and bridges, adopted a resolution changing...

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