Briglia v. City of St. Paul
Supreme Court of Minnesota
Action in the district court for Ramsey county by the administrator of the estate of Martina Briglia, deceased, to recover $7,500 for the death of his intestate. The answer alleged that the death of plaintiff’s intestate or injury sustained by her at the time of the accident was caused by her own want of care and arose from conditions the risks and hazards of which were open and obvious to her and assumed by her.
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Action in the district court for Ramsey county by the administrator of the estate of Martina Briglia, deceased, to recover $7,500 for the death of his intestate. The answer alleged that the death of plaintiff’s intestate or injury sustained by her at the time of the accident was caused by her own want of care and arose from conditions the risks and hazards of which were open and obvious to her and assumed by her. The case was tried before Hanft, J., who at the close of the testimony directed a verdict in favor of defendant. From the order denying his motion for a new trial, plaintiff appealed.
1Opinion of the CourtHallam, J.
The Mississippi River boulevard in St. Paul runs northerly from Marshall avenue along the top of the bluff which forms the east bank of the Mississippi river. At a ravine on the boulevard a little north of Marshall avenue is a small concrete bridge. Just north of this bridge the Como and River boulevard branches off from the Mississippi River boulevard and runs in an easterly direction. The roadway of the River boulevard is 26 feet wide, well surfaced, and slightly rounded in the center so as to shed water. East of the boulevard the ground is level. To the west of the roadway is the usual…
2Cases cited10 opinions
- Herr v. City of LebanonSupreme Court of Pennsylvania · 1892
- King v. . Village of Fort AnnNew York Court of Appeals · 1905
- McHugh v. City of St. PaulSupreme Court of Minnesota · 1897
- Ray v. City of St. PaulSupreme Court of Minnesota · 1889
- Grant v. City of BrainerdSupreme Court of Minnesota · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- City of Dallas v. MaxwellTexas Commission of Appeals · 1923
- Minor v. Zidell TrustSupreme Court of Oklahoma · 1980
- MacK v. McGrathSupreme Court of Minnesota · 1967
- Birckhead v. Mayor of BaltimoreCourt of Appeals of Maryland · 1938
- Brittain v. City of MinneapolisSupreme Court of Minnesota · 1957
23 more not listed; retrieve them via the Exa API.