City of St. Paul v. Kuby
Supreme Court of Minnesota
APBEAL FROM THE DISTRICT COURT OF RAMSEY COUNTY. Points and Authorities of Plaintiff in Error. I. — The act incorporating the City of St. Paul is a private act, of wbicb Courts will not, ex officio, take notice, and should be specially pleaded. Chit.. JPl., ml. \,¶. 216. a.
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APBEAL FROM THE DISTRICT COURT OF RAMSEY COUNTY. Points and Authorities of Plaintiff in Error. I. — The act incorporating the City of St. Paul is a private act, of wbicb Courts will not, ex officio, take notice, and should be specially pleaded. Chit.. JPl., ml. \,¶. 216. a. The Plaintiff in Error, if liable at all, is only liable as a corporation, and the complaint is insufficient unless it be alleged that it is or was such corporation at the time the cause of action accrued. Goshun efe Sha/w. Turnpike Go. vs. Sears, 7 Oonn., 86; Gould's Pl.,p. 53, see. 16. b. Tbe act declaring the original…
1Opinion of the Court
By the Qowrt
Atwateb, J.:
Xuby sued the City of St. Paul, to recover damages sustained by his child, from falling from a sidewalk on Third Street, in said city. The complaint alleged that the sidewalk was improperly and unsafely constructed, and left in a dangerous condition, through the negligence of Defendant, whereby the injuries were received.
The answer denied the material allegations of the complaint, and alleged that the injuries were received on account of the negligence of the Plaintiff, the parent of said child, &c.
The cause was referred to James Smith, Esq., to hear and determine all…
2Cases cited15 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Hartfield v. RoperNew York Supreme Court · 1839
- City of Chicago v. MajorIllinois Supreme Court · 1857
- Birge v. GardinerSupreme Court of Connecticut · 1849
- Robinson v. ConeSupreme Court of Vermont · 1850
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3Cited by16 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Griggs v. FleckensteinSupreme Court of Minnesota · 1869
- Congdon v. CongdonSupreme Court of Minnesota · 1924
- Baker v. Northwestern Guaranty Loan Co.Supreme Court of Minnesota · 1886
- Knoblauch v. FoglesongSupreme Court of Minnesota · 1887
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