TaiLexi AI U.S. Case Law

Wrigley v. Yellow Cab Co.

R. B. WRIGLEY v. THE YELLOW CAB COMPANY AND OTHERS

Wrigley v. Yellow Cab Co., 182 N.W. 170 (Minn. 1921)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Minnesota · State Highest Courts
Decided
April 1, 1921
Docket
No. 22,142
Judges
Dibeli
Citations
182 N.W. 170148 Minn. 3561921 Minn. LEXIS 534
Disposition
Affirmed.
Headnotes
Injunction — installation of sidewalk telephone. Upon the showing made it was within the discretion of the trial court to grant a temporary injunction restraining the defendant cab company from installing a call telephone in the street upon a building immediately adjacent to the premises occupied by the plaintiff.
Summary
Action in the district court for Hennepin county to restrain defendants from installing a telephone upon the outside wall of a building adjoining plaintiff’s restaurant and from equipping and operating the same. An order to show cause was heard by Molyneaux, J., who granted a temporary injunction. From the order granting the injunction, defendant Yellow Cab Company appealed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Dibeli

Text extracted by OCR from a scanned original; check the original for exact wording.

Dibeli,, J.

The plaintiff is the lessee of the ground floor of a building in the business portion of Minneapolis, wherein he conducts a restaurant. The street entrance is at the east side of the building. The lessee of the building immediately at the east, who conducts therein a jewelry store, gave to the defendant Yellow Cab Company the right to use the dividing wall and the front of 'his premises for the installation of an outside or street telephone to be used by the cab company in sending and receiving calls. The complaint alleges facts showing that the contemplated use of the building by the cab company'will interfere with ingress to the restaurant and will injure the plaintiff in the legitimate use of his property and in his established business.

Upon the showing made the court granted a temporary injunction. The granting of a temporary injunction is largely discretionary and there was no abuse of discretion. The showing, taken favorably to the plaintiff, makes a case of special injury to the plaintiff by the use of the street immediately connecting with the street in front of his property for a private purpose not at all connected with the business for which the abutting property is used.

Order affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1958: 11966: 119582026peak 1958 · 1

Relies on it most ⓘ

  1. In re Estate of Stonebrook141 N.W.2d 531 (Iowa 1966)
  2. In re Estate of Ramthun89 N.W.2d 337 (Iowa 1958)

Most recent

  1. In re Estate of Stonebrook141 N.W.2d 531 (Iowa 1966)
  2. In re Estate of Ramthun89 N.W.2d 337 (Iowa 1958)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list