Legal Opinion

McKenzie v. City of Northfield

Supreme Court of Minnesota

Decided June 8, 1883PublishedCited by 10 opinions

Action for personal injuries. Appeal by defendant from an order of the district court for Eice county, Buckham, J., presiding, refusing a new trial, after a verdict of $10,000 in favor of plaintiff. The case is stated in the opinion. Plaintiff was guilty of contributory negligence and is therefore not entitled to recover in this action.

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Action for personal injuries. Appeal by defendant from an order of the district court for Eice county, Buckham, J., presiding, refusing a new trial, after a verdict of $10,000 in favor of plaintiff. The case is stated in the opinion. Plaintiff was guilty of contributory negligence and is therefore not entitled to recover in this action. Erd v. City of St. Paul, 22 Minn. 443; Bruker v. Town of Covington, 69 Ind. 33; Schaefler v. City of Sandusky, 33 Ohio St. 246; Horton v. Inhabitants of Ipswich, 12 Cush. 488; Wilson v. City of Charlestown, 8 Allen, 137; Mahony v. Met. B. Co., 104 Mass. 73;…

1Opinion of the CourtVanderburgh, J.

It was held in Estelle v. Village of Lake Crystal, 27 Minn. 243, and in Kelly v. Southern Minn. Ry. Co., 28 Minn. 98, that previous knowledge that a street or crossing-was out of repair does not conclusively establish contributory negligence on the part of a person travelling over it, and who is injured in consequence of its unsafe condition. And this, we think, substantially disposes of the principal point in this case. The plaintiff had been accustomed to pass over a sidewalk in the city of Northñeld, in going to and fro from his house, daily for several years. A portion of this walk near…

2Cases cited4 opinions

  1. Kelly v. Southern Minnesota Railway Co.Supreme Court of Minnesota · 1881
  2. Evans v. . City of UticaNew York Court of Appeals · 1877
  3. Mehan v. Syracuse, Binghamton and N.Y. Railroad Corp.New York Court of Appeals · 1878
  4. Estelle v. Village of Lake CrystalSupreme Court of Minnesota · 1880

3Cited by10 opinions

  1. Wright v. City of St. CloudSupreme Court of Minnesota · 1893
  2. Village of Clayton v. BrooksIllinois Supreme Court · 1894
  3. Samples v. City of AtlantaSupreme Court of Georgia · 1894
  4. Lyons v. City of Red WingSupreme Court of Minnesota · 1899
  5. County Commissioners v. BroadwatersCourt of Appeals of Maryland · 1888

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