Phelps v. City of Mankato
Supreme Court of Minnesota
Plaintiff and his wife were driving, in the afternoon, in Mankato. Turning from State street into Byron street, their buggy struck a post at the intersection of the two streets, the plaintiff was thrown out, and his leg was broken. For the injuries thus received he brought this action.
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Plaintiff and his wife were driving, in the afternoon, in Mankato. Turning from State street into Byron street, their buggy struck a post at the intersection of the two streets, the plaintiff was thrown out, and his leg was broken. For the injuries thus received he brought this action. At the trial in the district court for Blue Earth county, before Dickinson, J., it appeared that State street and Byron street were both residence streets, the former seventy-four and the latter sixty-six feet in width. On Byron street the roadway was graded to a width of forty feet — twenty feet on each side…
1Opinion of the Court
Gilfillan, G. J.
There was no error in admitting evidence under the complaint. After stating the duty of the defendant to keep the streets in its city in good and safe condition, it alleges “ that a certain street in said city, called Byron street, has been for five years last past much travelled .and used by the citizens thereof, and others, so much so that said duty of said defendant as to said street was, and became at the time hereinafter mentioned, a matter of public concern.” This is hardly sufficient as an allegation that Byron street was a public street, used as such by the public…
2Cited by24 opinions
- Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Aubin v. Duluth Street Railway Co.Supreme Court of Minnesota · 1926
- Shaber v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1881
- Kelly v. Southern Minnesota Railway Co.Supreme Court of Minnesota · 1881
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