Hall v. City of Austin
Supreme Court of Minnesota
Action in the district court for Mower county to recover $5,000 for personal injuries caused by an alleged defective sidewalk. The cause was tried before Whytock, J., and a jury, and resulted in a verdict of $1,000 for plaintiff. From an order denying its motion for a new trial, defendant appealed.
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Action in the district court for Mower county to recover $5,000 for personal injuries caused by an alleged defective sidewalk. The cause was tried before Whytock, J., and a jury, and resulted in a verdict of $1,000 for plaintiff. From an order denying its motion for a new trial, defendant appealed. Plaintiff’s evidence, as to her injuries, showed that she was confined to her bed seven weeks; that she suffered great pain; that during most of the time she was unable to sleep or rest by reason of her pain; that, at the time of the trial, five months after she was injured, she had to be carried…
1Opinion of the CourtMitchell, J.
This action was brought to recover for personal injuries caused by a defective sidewalk. The negligence charged against the defendant was that it did not exercise reasonable care to keep the sidewalk in a safe condition.
The city charter (Sp. Laws 1887, c. 24, sube. 7) provides that
“The common council shall have the care, supervision, and control of all the highways, bridges, streets,” etc., “within the limits of the city.”
*137It also provides that, whenever the common council shall deem it necessary that any sidewalk shall be constructed or reconstructed, it shall, by resolution, direct such…
2Cases cited3 opinions
- Cannady v. LynchSupreme Court of Minnesota · 1881
- Tierney v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1885
- Johnson v. City of St. PaulSupreme Court of Minnesota · 1893
3Cited by16 opinions
- F. W. Woolworth Co. v. SeckingerCourt of Appeals for the Fifth Circuit · 1942
- Humphry v. PortlandOregon Supreme Court · 1916
- Owen v. StateCourt of Criminal Appeals of Texas · 1907
- M & M Securities Co. v. DirnbergerSupreme Court of Minnesota · 1933
- Greenway v. Taylor CountySupreme Court of Iowa · 1909
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