129 Minn. 59 | Minn. | 1915
Plaintiff is the owner of lot 8 in block 1, of Parker’s Addition to-the city of Albert Lea, upon which is situated his residence, occupied by himself and family. The lot fronts on Vine street, the same being a public street marked out and dedicated to the public by the recorded plat of such addition. By ordinance duly enacted the city ordered and directed certain improvements in the street as it extends along plaintiff’s property, consisting in lowering the grade thereof, taking up and relaying the sidewalk, and improving the entire width of the street between what the city claims to be platted lines thereof. As originally improved the street was about 60 feet wide, and
The questions presented by the assignments of error are: (1) Whether the evidence sustains the findings and directed verdict that plaintiff was the owner of the disputed strip of land; (2) whether the trial court erred in directing such verdict for plaintiff upon that issue, in view of section 7998, G. S. 1913, prohibiting directed verdicts where objection thereto is made by either party; (3) whether there was error in the admission or exclusion of evidence; (4) whether the court erred in its charge to the jury on the question of damages, and (5) whether the damages awarded are excessive.
Order affirmed.