City of Winona v. Botzet
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota. At 5 o’clock in the afternoon of a cold blustering day in January, 1907, the assistant of the engineer of the waterworks of the city of Winona blew a steam whistle on the waterworks building for the purpose of notifying- union men and city employes that their workday was over, and thereby scared a team of horses which James N. Nichols was driving about 110 feet distant from the whistle over the…
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In Error to the Circuit Court of the United States for the District of Minnesota. At 5 o’clock in the afternoon of a cold blustering day in January, 1907, the assistant of the engineer of the waterworks of the city of Winona blew a steam whistle on the waterworks building for the purpose of notifying- union men and city employes that their workday was over, and thereby scared a team of horses which James N. Nichols was driving about 110 feet distant from the whistle over the city’s bridge across the Mississippi river, so that they ran away, throw him and Irene Botzet, a schoolgirl 33 years…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). The city of Winona is a municipal corporation created, endowed with its powers, and charged with its duties by the Regislature of the state of Minnesota. The character and the limits of the powers and liabilities of such corporations are questions of local law, upon which the decisions of the highest judicial tribunals of the states which create them are authoritative in the national courts, because these questions are determinable by the construction of the constitutions and statutes of the states under which the municipalities are organized. Detroit v.…
2Cases cited75 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- District of Columbia v. WoodburySupreme Court of the United States · 1890
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3Cited by59 opinions
- Schrader v. KrieselSupreme Court of Minnesota · 1950
- Bradley v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1923
- Ramirez v. City of CheyenneWyoming Supreme Court · 1925
- Rollow v. Ogden CityUtah Supreme Court · 1926
- Wigal v. City of ParkersburgWest Virginia Supreme Court · 1914
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