Senecal v. City of West St. Paul
Supreme Court of Minnesota
Action in the district court for Dakota county by the administrator of the estate of George W. Senecal, deceased, to recover $5,000 for the death of his intestate alleged to have been causd by an injury received while passing over a defective crossing in defendant city.
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Action in the district court for Dakota county by the administrator of the estate of George W. Senecal, deceased, to recover $5,000 for the death of his intestate alleged to have been causd by an injury received while passing over a defective crossing in defendant city. Plaintiff demurred to that part of the answer which set up as a ■defense to the action that it was begun moré than one year after the ■cause of action accrued and plaintiff at no time filed with the city council any claim for damages. From an order, Crosby, J., overruling the demurrer, plaintiff appealed.
1Opinion of the CourtO’Brien, J.
The complaint alleged that George W. Senecal died as the result ■of injuries received by reason of a defective sidewalk in the city of West St. Paul. The accident occurred June 5, 1908. Plaintiff was appointed administrator on September 24, 1909, and brought *254this action September 25, 1909, to recover damages because of «decedent’s death. The defendant city answered, denying negligence on its-part, and as a further defense alleged that no notice of the accident or claim had been given, and that the suit was commenced more-than one year after the cause of action had accrued. A demurrer; to this…
2Cases cited2 opinions
- Maylone v. City of St. PaulSupreme Court of Minnesota · 1889
- Orth v. Village of BelgradeSupreme Court of Minnesota · 1902
3Cited by9 opinions
- Nesbit v. City of TopekaSupreme Court of Kansas · 1912
- Parker v. City of JacksonvilleSupreme Court of Florida · 1955
- Johnson v. City of DuluthSupreme Court of Minnesota · 1916
- Casey v. American Bridge Co.Supreme Court of Minnesota · 1912
- Marsh v. City of MiamiSupreme Court of Florida · 1935
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