Woodbury v. City of Anoka
Supreme Court of Minnesota
Appeal by plaintiff, Prescott J. Woodbury, from an order of the District Court of Anoka County, Lochren5 J., made March 30, 1892, denying his motion for a new trial. Plaintiff was a dry goods merchant at Anoka, and at seven o’clock in the evening of May 12, 1890, was going from his residence to his store, along the plank sidewalk on the south side of Main street, with Charles Woodbury and Charles Seeombe.
Read the full summary
Appeal by plaintiff, Prescott J. Woodbury, from an order of the District Court of Anoka County, Lochren5 J., made March 30, 1892, denying his motion for a new trial. Plaintiff was a dry goods merchant at Anoka, and at seven o’clock in the evening of May 12, 1890, was going from his residence to his store, along the plank sidewalk on the south side of Main street, with Charles Woodbury and Charles Seeombe. Between Second and Third Avenues, Seeombe casually stepped upon the end of a loose plank in the walk. The other end 'flew up four or five inches and tripped plaintiff and caused him to fall…
1Opinion of the CourtGilpillan, C. J.
Action for an injury to the person, caused by a loose plank in a plank sidewalk, alleged to have beeom'e and continued loose and dangerous through the negligence of defendant. After a verdict for defendant, plaintiff moved for a new trial on several grounds, including misconduct of two of the jurors, which is the only one we need consider. The injury occurred May 12, 1890. The trial was had September 21, 1891. It appeared clearly enough that the plank was loose and dangerous, and the only real controversy was as to the negligence of the defendant, which depended on notice to it of the…
2Cases cited1 opinion
- Koehler v. ClearySupreme Court of Minnesota · 1877
3Cited by22 opinions
- Casstevens v. Texas & Pacific Railway Co.Texas Supreme Court · 1930
- Rush v. St. Paul City Railway Co.Supreme Court of Minnesota · 1897
- Peppercorn v. City of Black River FallsWisconsin Supreme Court · 1894
- Baker v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1909
- Schneider v. MoeOregon Supreme Court · 1935
17 more not listed; retrieve them via the Exa API.