McGuire v. Village of Caledonia
Supreme Court of Minnesota
Action in the district court for Houston county to recover $12,000 for injuries received in stepping into a hole in a walk at a street crossing. The case was tried before Kingsley, J., and a jury which returned a verdict for $2,200. From an order denying its motion for a new trial, Catherwood, J., defendant appealed.
1Opinion of the CourtHallam, J.
Plaintiff recovered damages for an injury received while walking on a wooden cross-walk in the village of Caledonia. Defendant appeals.
The evidence sustains the verdict. There is testimony of disinterested witnesses, that there was a hole in the walk, due to decay; that defendant had notice of the defect; that plaintiff’s foot was caught in this hole and that she fell and sustained a fracture of the cuboid bone of her left-foot. The errors assigned relate to procedure at the trial.
1. After the accident the street commissioner of the village took the 'decayed plank into his custody. On the…
2Cases cited3 opinions
- Banks v. Connecticut Railway & Lighting Co.Supreme Court of Connecticut · 1906
- Reynolds v. Burgess Sulphite Fibre Co.Supreme Court of New Hampshire · 1902
- Hunter v. AllenNew York Supreme Court · 1860
3Cited by5 opinions
- Zuber v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1956
- Lowenthal v. MortimerCalifornia Court of Appeal · 1954
- Kelsey v. Chicago, Rock Island & Pacific RailroadSupreme Court of Minnesota · 1962
- Nelson v. Austin Transit, Inc.Supreme Court of Minnesota · 1965
- State v. Minneapolis Cold Storage Co.Supreme Court of Minnesota · 1921