Schigley v. City of Waseca
Supreme Court of Minnesota
Action in the district court for Waseca county to recover $800 for personal injuries alleged to have been caused by a defective sidewalk in defendant city. The.charter of the city of Waseca exempts the city from liability for damages in such case, unless it shall have had written notice of the defect at least ten days before the injury. The complaint did not allege such notice.
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Action in the district court for Waseca county to recover $800 for personal injuries alleged to have been caused by a defective sidewalk in defendant city. The.charter of the city of Waseca exempts the city from liability for damages in such case, unless it shall have had written notice of the defect at least ten days before the injury. The complaint did not allege such notice. From an order, Buckham, J., sustaining defendant’s demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action, plaintiff appealed.
1Opinion of the Court
ELLIOTT. J.
This appeal from an order sustaining a general demurrer to the complaint in an action to recover damages for personal injuries sustained by reason of a defective sidewalk presents the question of the validity of a provision in the home rule charter of the city of Waseca, adopted in May, 1904, pursuant to chapter 338, p. 349, Taws 1903, enacted under the authority of section 36 of article 4 of the state constitution.
The complaint does not allege that written notice of the defect in the sidewalk had been given the city prior to the accident. The city charter [Section 7] provides…
2Cases cited16 opinions
- MacMullen v. . City of MiddletownNew York Court of Appeals · 1907
- Grant v. BerrisfordSupreme Court of Minnesota · 1904
- State ex rel. Getchell v. O'connorSupreme Court of Minnesota · 1900
- McNally v. . City of CohoesNew York Court of Appeals · 1891
- State ex rel. Barber Asphalt Paving Co. v. District CourtSupreme Court of Minnesota · 1903
11 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Hanks v. City of Port ArthurTexas Supreme Court · 1932
- Hanks v. City of Port ArthurTexas Supreme Court · 1932
- Joseph R. Foard Co. v. Maryland ex rel. GoralskiCourt of Appeals for the Fourth Circuit · 1914
- Ackeret v. City of MinneapolisSupreme Court of Minnesota · 1915
- Dillon v. City of ClevelandOhio Supreme Court · 1927
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