Landru v. Lund
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Yellow Medicine county, for injuries sustained by falling, in the night-time, into an open cellar-way in a sidewalk on the main street of the town of Canby in front of a building owned and occupied by defendant. A demurrer to the complaint was overruled by John Ii. Brown, J., and the defendant appealed.
1Opinion of the CourtVanderburgh, J.
The complaint states a cause of action, and is. sufficient upon demurrer. It sufficiently appears thereby that the-accident complained of is attributable to defendant’s neglect. Conceding that the private passage-way into the defendant’s cellar, and which was used by him, and under his control, was within the limits, of the street, and that the duty of keeping the street in repair and safe for travel rested on the village, yet the defendant would also be-liable for his own tortious or negligent acts in maintaining the same in an unsafe condition, so as to be dangerous to persons travelling on…
2Cases cited3 opinions
- Davenport v. . RuckmanNew York Court of Appeals · 1868
- Calder v. SmalleySupreme Court of Iowa · 1885
- Burt v. City of BostonMassachusetts Supreme Judicial Court · 1877
3Cited by9 opinions
- City of Wabasha v. SouthworthSupreme Court of Minnesota · 1893
- Eisentrager v. Great Northern Railway Co.Supreme Court of Iowa · 1916
- Fortmeyer v. National Biscuit Co.Supreme Court of Minnesota · 1911
- Shepstedt v. HayesSupreme Court of Minnesota · 1945
- Burke v. O'NeilSupreme Court of Minnesota · 1934
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