Mix v. Downing

Plaintiff appealed from an order denying his motion for a new trial.

On April 7, 1924, plaintiff stepped on a defective manhole cover set in the sidewalk in front of the premises known as 386 Minnesota street in St. Paul, and because of its defective condition known to the defendant, the owner of the building, for some time, it tilted and his leg went into the hole receiving abrasions. The edge of the cover struck plaintiff in the lower region of the vertebrae making a black and blue spot.

The storeroom at this street number is leased by A. G-. Spalding & Bros, from defendant, who uses the…