Altnow v. Town of Sibley
Supreme Court of Minnesota
Plaintiffs brought this action in the district court for Sibley county, to recover damages for injuries occasioned to a portable steam-engine belonging to them, by reason of the negligence of defendant in failing' to keep a public highway and bridge in repair, whereby the engine was thrown to the ground and broken. Upon the trial, before Mac-donald, J., and a jury, upon the opening of plaintiff’s case, defendant moved for a dismissal, which was granted.
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Plaintiffs brought this action in the district court for Sibley county, to recover damages for injuries occasioned to a portable steam-engine belonging to them, by reason of the negligence of defendant in failing' to keep a public highway and bridge in repair, whereby the engine was thrown to the ground and broken. Upon the trial, before Mac-donald, J., and a jury, upon the opening of plaintiff’s case, defendant moved for a dismissal, which was granted. Plaintiffs appeal from, an order refusing a new trial. Defendant is a municipal corporation, and only became such upon the voluntary and…
1Opinion of the CourtBeeby, J.
Is a statutory town liable in a civil action for damages resulting from the disrepair of a public highway?
This question, though new here, has often been answered by other courts. The very great preponderance of authority holds that no such liability exists, unless by express statute. A multitude of adjudged cases upon the subject are collected by Chief Justice Gray in Hill v. City of Boston, 122 Mass. 344. See, also, 2 Dillon, Mun. Corp. §§ 996, 1000; 1 Thompson, Negligence, 618, 620, and numerous citations. The ground upon which the exemption from liability is usually placed is substantially…
2Cases cited3 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Nelson v. RobsonSupreme Court of Minnesota · 1871
- O'Gorman v. Village of MorrisSupreme Court of Minnesota · 1879
3Cited by23 opinions
- Spanel v. Mounds View School District No. 621Supreme Court of Minnesota · 1962
- Board of Commissioners v. AllmanIndiana Supreme Court · 1895
- Board of Commissioners v. LeggIndiana Supreme Court · 1884
- Ackeret v. City of MinneapolisSupreme Court of Minnesota · 1915
- Bailey v. Lawrence CountySouth Dakota Supreme Court · 1894
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