Legal Opinion · Dissent

Bieber v. City of St. Paul

Supreme Court of Minnesota

Decided June 27, 1902No. Nos. 13,066-(74)Published

Appeal by defendant from an order of the district court for Ramsey county, Brill, J., denying a motion for judgment notwithstanding the verdict or for a new trial.

1DissentLewis, J.

I dissent. The degree of care exacted from municipal authorities by this decision is altogether out of proportion to the standard dictated by ordinary prudence. If a depression to the extent of one inch and a quarter of a hexagonal cement block constitutes a dangerous sidewalk, then any depression or slight projection is dangerous. If it is negligence to permit such unevenness at the entrance to a store, it is likewise negligent to permit it in the middle of the sidewalk anywhere in the business part of the city; and, if in the business portion, why' not in the residence district? Should a…

2Cases cited8 opinions

  1. Beltz v. . City of YonkersNew York Court of Appeals · 1895
  2. Weisse v. City of DetroitMichigan Supreme Court · 1895
  3. Jackson v. City of LansingMichigan Supreme Court · 1899
  4. Morgan v. City of LewistonSupreme Judicial Court of Maine · 1898
  5. Getzoff v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900

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