Armstrong v. City of St. Paul
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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.
(as of 9/30/2026)
Last cited by a Minnesota appellate court in 1909, among the opinions in this site’s citation index.
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Cases that cite this one
3 later published cases cite this decision.
- Olson v. City of Albert Lea (Minn. 1909)
- Joyce v. Barron (Ohio 1902)
- Henderson v. City of Minneapolis (Minn. 1884)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This case presents the same questions as were involved in Mayall v. City of St. Paul, ante, p. 294, and that decision controls the present case. One additional fact exists in this case, not presented in the Mayall Case. In grading Mount Airy street, the city made an excavation in front of plaintiff’s property and of an adjoining lot, and erected a retaining wall along the front of the property, to supply the lateral support thereto which became necessary by reason of the removal of the natural support of the soil. The cost of the wall was assessed upon the property in front of which it was erected. This assessment was not authorized. In Dyer v. City of St. Paul, 27 Minn. 457, it was decided that a land-owner upon a public street has a right to the lateral support of the soil within the street, and may recover damages from a municipally for the removal of such natural support. The city may not divest the land-owner of what he is entitled to enjoy as a natural right, and then tax upon him the cost of replacing what has been thus taken away.
Order affirmed.
Gilfillan, O. J., because of illness, took no part in this case.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.