Blyhl v. Village of Waterville
Supreme Court of Minnesota
Appeal by defendant, the Tillage of Waterville, from a judgment of the District Court of Le Sueur County, Francis Caclwell, J., entered against it September 12,1893, for $150 damages and $150.35 costs and disbursements. The plaintiff, Alexander Blyhl, was a blacksmith forty years of age and resided in Waterville. On October 17, 1892, he went down town in the evening and on his return at about nine o’clock he went west along the sidewalk on the south side of Paquan Street.
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Appeal by defendant, the Tillage of Waterville, from a judgment of the District Court of Le Sueur County, Francis Caclwell, J., entered against it September 12,1893, for $150 damages and $150.35 costs and disbursements. The plaintiff, Alexander Blyhl, was a blacksmith forty years of age and resided in Waterville. On October 17, 1892, he went down town in the evening and on his return at about nine o’clock he went west along the sidewalk on the south side of Paquan Street. A new sidewalk had been built part of the way eight inches higher than the old one. The night was dark and rainy and when…
1Opinion of the Court
Gilfillan, C. 4.
The defendant, a municipal corporation, required an owner of a lot abutting on one of its streets to construct a plank walk along the street by the side of his lot, and he constructed it on a grade given him by, and under the direction and with the approval of, defendant’s street commissioner. As constructed, the walk made, at the junction of this new walk with the walk along the remainder of the block, a drop or step seven or eight inches in height. It is apparent there was no necessity or reason for having the drop instead of gradually sloping the grade of the new walk until…
2Cases cited4 opinions
- Alden v. City of MinneapolisSupreme Court of Minnesota · 1877
- Lee v. City of MinneapolisSupreme Court of Minnesota · 1875
- Shartle v. City of MinneapolisSupreme Court of Minnesota · 1871
- Tabor v. City of St. PaulSupreme Court of Minnesota · 1886
3Cited by20 opinions
- City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
- Ackeret v. City of MinneapolisSupreme Court of Minnesota · 1915
- Teager v. City of FlemingsburgCourt of Appeals of Kentucky · 1901
- Houston Belt & Terminal Ry. Co. v. ScheppelmanTexas Commission of Appeals · 1921
- Hodges v. City of WaterlooSupreme Court of Iowa · 1899
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