Kelly v. City of Minneapolis
Supreme Court of Minnesota
Action in the municipal court of Minneapolis to recover $500 damages for personal injuries caused by a defective sidewalk negligently maintained by defendant city. At the close of plaintiffs testimony the court, Kerr, J., granted a motion to dismiss the action; and from an order denying a motion for a new trial, plaintiff appealed. ■Service on an assistant clerk is not service on the city clerk. Sp.
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Action in the municipal court of Minneapolis to recover $500 damages for personal injuries caused by a defective sidewalk negligently maintained by defendant city. At the close of plaintiffs testimony the court, Kerr, J., granted a motion to dismiss the action; and from an order denying a motion for a new trial, plaintiff appealed. ■Service on an assistant clerk is not service on the city clerk. Sp. Laws 1881, c. 76, sube. 8, § 20‘. Service of the notice is mandatory, and a condition precedent to right to maintain action. Bausher v. City of St. Paul, 72 Minn. 539. The legislature having…
1Opinion of the Court
COLLINS, J.1
It is assumed by both parties to this action that it was necessary for plaintiff to comply with the requirements of the city charter (Sp. Laws 1881, c. 76, sube. 8, § 20) as to service of notice of the injury upon the mayor of the city or the city clerk, and also to comply with the provisions of Laws 1897, c. 248, § 1, as to giving a like notice and the presentation of her claim to compensation to the city council, or governing body, in writing. Acting upon the assumption, the questions for determination are two in number.
At the trial, counsel for plaintiff produced a written…
2Cases cited2 opinions
- Roberts v. Village of St. JamesSupreme Court of Minnesota · 1899
- Town of Fairfield v. KingSupreme Court of Vermont · 1869
3Cited by9 opinions
- Ackeret v. City of MinneapolisSupreme Court of Minnesota · 1915
- Nicol v. City of St. PaulSupreme Court of Minnesota · 1900
- Perry v. City of High PointSupreme Court of North Carolina · 1940
- Powers v. Kansas City, Mo.Missouri Court of Appeals · 1929
- City of Tulsa v. WhittenhallSupreme Court of Oklahoma · 1929
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