Legal Opinion

Kelly v. City of Faribault

Supreme Court of Minnesota

Decided June 23, 1905No. Nos. 14,380—(112)PublishedCited by 14 opinions

Action in the district court for Rice county to recover $10,000 for personal injuries sustained by plaintiff while in defendant’s service. From an order, Buckham, J., overruling a general demurrer to the complaint, defendant appealed.

1Opinion of the CourtLovely, J.

This appeal is from an order overruling a general demurrer to a complaint which alleges that at a designated time, in the city of Faribault, plaintiff was at work repairing one of the public streets therein *294under the employment of the defendant, by the superintendent of its waterworks, who had general charge, and was authorized to hire the plaintiff; that such superintendent placed the plaintiff at work in a trench which was defective in its construction and was not properly braced, which caution was omitted by defendant, whereby the loose earth fell upon and injured plaintiff, for which he…

2Cited by14 opinions

  1. Henry v. City of LincolnNebraska Supreme Court · 1913
  2. Frasch v. City of New UlmSupreme Court of Minnesota · 1915
  3. Condon v. City of ChicagoIllinois Supreme Court · 1911
  4. Giuricevic v. City of TacomaWashington Supreme Court · 1910
  5. Williams v. City of JacksonvilleSupreme Court of Florida · 1935

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