Marchio v. City of Duluth
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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 1917, among the opinions in this site’s citation index.
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Cases that cite this one
1 later published case cites this decision.
- Gillespie v. City of Duluth (Minn. 1917)
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
Action hy plaintiff, claiming to he the owner of two lots in Duluth fronting on Commonwealth avenue, to recover damages to the lots caused hy a change of grade of the street. The case was tried to a jury, and a verdict for plaintiff returned. Defendant appeals from an order denying a new trial.
The sole contention of the city on this appeal is that the trial court erred in instructing the jury that the title to the lots was in plaintiff. The answer denied plaintiff’s title, but the evidence was undisputed that plaintiff was in possession and had been for some time. In addition to the presumption arising from possession, plaintiff offered two deeds of the property to himself,
Order affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.