Killeen v. City of St. Cloud
Supreme Court of Minnesota
Action in the district court for Stearns county to recover $2,720 for personal injuries received while driving at night along a public street. The defendant city obtained an order directing Holy Angels Congregation, a religious corporation, and the individual members of its special building committee, to show cause why they should not be made additional parties to the action.
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Action in the district court for Stearns county to recover $2,720 for personal injuries received while driving at night along a public street. The defendant city obtained an order directing Holy Angels Congregation, a religious corporation, and the individual members of its special building committee, to show cause why they should not be made additional parties to the action. After a hearing, the court found that these persons did not maintain any obstruction in the street and discharged the order. The case was tried before Boeser, J., who at the close of the testimony denied the motion of…
1Opinion of the Court
Taylor, C.
A school building was about to be erected on Seventh avenue north in the city of St. Cloud, and, under permission from the city commissioner having charge of the streets, a quantity of building sand had been deposited in the street adjacent to the site of the proposed building. Plaintiff, driving a horse and buggy along the street after dark, ran into this pile of sand, and his buggy was overturned and he was thrown out and injured. He brought suit for damages and recovered a verdict against the city. The city made an alternative motion for judgment notwithstanding the verdict, or…
2Cases cited3 opinions
- Hillstrom v. City of St. PaulSupreme Court of Minnesota · 1916
- Cummings v. ThompsonSupreme Court of Minnesota · 1872
- Grant v. City of StillwaterSupreme Court of Minnesota · 1886
3Cited by6 opinions
- Kelley v. CurtissNew Jersey Superior Court Appellate Division · 1954
- Pettinger v. Village of WinnebagoSupreme Court of Minnesota · 1953
- Mesberg v. City of DuluthSupreme Court of Minnesota · 1934
- Anderson v. HarrisonSupreme Court of Minnesota · 1968
- Baker v. City of South St. PaulSupreme Court of Minnesota · 1936
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