Leystrom v. City of Ada
Supreme Court of Minnesota
Action in the district court for Norman county to recover $2,000 for personal injuries. The answer was a general denial. The case was tried before Grindeland, J., and a jury which returned a verdict in favor of plaintiff in the sum of $280. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied. From the judgment entered pursuant to the verdict, defendant appealed.
1Opinion of the CourtO’Brien, J.
The plaintiff fell and was injured while walking on a sidewalk upon a public street in the city of Ada by having the heel of her shoe caught in a small opening in the walk. The defect in the sidewalk complained of was where a cement and wooden walk joined. At this point a 2x6 or 2x4 scantling set on edge had been wedged in between the cement and the planks, a hole 1% inches in width and 5 inches long had been worn in the scantling and was of just sufficient size to admit the heel of plaintiff’s shoe. The sidewalk was at least fairly well lighted, and the plaintiff appears to have been walking…
2Cases cited5 opinions
- Jenness v. School District No. 31, Washington Co.Supreme Court of Minnesota · 1867
- Bieber v. City of St. PaulSupreme Court of Minnesota · 1902
- Bernick v. McClureSupreme Court of Minnesota · 1909
- Sumner v. City of NorthfieldSupreme Court of Minnesota · 1905
- Smith & Nixon Piano Co. v. LydickSupreme Court of Minnesota · 1910
3Cited by19 opinions
- City of Tulsa v. FryeSupreme Court of Oklahoma · 1933
- Johnson v. Bankers Mutual Casualty InsuranceSupreme Court of Minnesota · 1915
- Cornell v. City of YpsilantiMichigan Supreme Court · 1920
- Poynter v. County of Otter TailSupreme Court of Minnesota · 1947
- Allen v. EnerothSupreme Court of Minnesota · 1912
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