Gude v. City of Mankato
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for Blue Earth county, entered on the report of J. F. Walsh, Esq., referee.
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Appeal by defendant from a judgment of the district court for Blue Earth county, entered on the report of J. F. Walsh, Esq., referee. The action was for damages for personal injuries occasioned by a defective sidewalk, and the referee’s finding as to the condition of the sidewalk is as follows: “That the defendant negligently allowed said sidewalk on said Front street to become, be, and remain, for a space of 40 feet of the length of said walk, decayed and unsafe for travel * * * at the time of the injury to the plaintiff, and during all the time for at least one year prior thereto; and that,…
1Opinion of the CourtGtleillan, C. J.
There was sufficient evidence in this case to justify the findings of fact. The evidence that the defect which caused the injury had existed for a considerable, time sustains the finding that the city had notice of it. To prove notice of the particular defect causing the injury, evidence that, for a considerable time prior to the injury, the sidewalk, at and near the place, was in general bad condition, was competent. It is the duty of a municipal corporation, having the duty to keep in repair streets and sidewalks, not only to put them in repair when it has actual notice of defects, but to…
2Cited by7 opinions
- Lyons v. City of Red WingSupreme Court of Minnesota · 1899
- City of Roswell v. DavenportNew Mexico Supreme Court · 1907
- Laurie v. City of BallardWashington Supreme Court · 1901
- Osborne v. City of DetroitU.S. Circuit Court for the District of Eastern Michigan · 1886
- Kellogg v. Village of JanesvilleSupreme Court of Minnesota · 1885
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