Ryder v. Kinsey
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Ramsey county, Egan, J., denying a motion for a new trial. It is the duty of the owner of a building to keep it in proper order, so that no one may be injured by it. Barnes v. Beirne, 38 La. Ann. 280; Tucker v. Illinois C. Ry. Co., 42 La. Ann. 114, 7 South. 124; 2 Shearman & Redfield, Negligence, § 702. The falling of the walls and signs without apparent cause raised a presumption of negligence.
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Appeal by plaintiff from an order of the district court for Ramsey county, Egan, J., denying a motion for a new trial. It is the duty of the owner of a building to keep it in proper order, so that no one may be injured by it. Barnes v. Beirne, 38 La. Ann. 280; Tucker v. Illinois C. Ry. Co., 42 La. Ann. 114, 7 South. 124; 2 Shearman & Redfield, Negligence, § 702. The falling of the walls and signs without apparent cause raised a presumption of negligence. Morris v. Strobel, 81 Hun, 1, 30 N. Y. Supp. 571; St. Louis, I. M. & S. R. Co. v. Hopkins, 15 S. W. 610, 54 Ark. 209; Mullen v. St. John, 57…
1Opinion of the CourtStaet, C. J.
Action to recover for personal injuries sustained by the plaintiff’s minor, son, Charles Eyder, caused by the falling of a brick-veneered wall of a building owned by the defendant. On the trial, after the plaintiff had closed his case, the court directed the jury to return a verdict for the defendant, for the reason that the plaintiff had failed to establish his cause of action. The plaintiff appeals from an order denying his motion for a new trial.
The plaintiff’s evidence tended to establish the following facts: In 1885 the defendant purchased a lot on Fifth street, in the city of St. Paul,…
2Cases cited3 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Abbett v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1883
- Nash v. Minneapolis Mill Co.Supreme Court of Minnesota · 1878
3Cited by25 opinions
- Fitzpatrick v. PenfieldSupreme Court of Pennsylvania · 1920
- Waylander-Peterson Co. v. Great Northern Ry. Co.Court of Appeals for the Eighth Circuit · 1953
- Gould v. Winona Gas Co.Supreme Court of Minnesota · 1907
- Lowe v. Salt Lake CityUtah Supreme Court · 1896
- Granucci v. ClaasenCalifornia Supreme Court · 1928
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