L'Herault v. City of Minneapolis
Supreme Court of Minnesota
Action in the district court for Hennepin county against the city of Minneapolis and Philip W. Herzog for personal injuries sustained by plaintiff by reason of an alleged defect in the covering of a coal hole in the sidewalk in the city of Minneapolis. Plaintiff had a verdict for $500. From orders, Jamison, J., denying their separate motions for a new trial, defendants separately appealed.
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Action in the district court for Hennepin county against the city of Minneapolis and Philip W. Herzog for personal injuries sustained by plaintiff by reason of an alleged defect in the covering of a coal hole in the sidewalk in the city of Minneapolis. Plaintiff had a verdict for $500. From orders, Jamison, J., denying their separate motions for a new trial, defendants separately appealed. Instruction No. 1 requested by defendant Herzog, and refused by the court, was as follows: “That in determining the issues they (the jury) are not to take into consideration the question of whether the…
1Opinion of the CourtCollins, J.
The first and principal inquiry in this case is whether, upon the question of defendants’ negligence, there was evidence sufficient to support the verdict in plaintiff’s favor. We have no hesitation in holding that there was.
It appeared at the trial that, as plaintiff was walking upon a stone sidewalk in front of a building owned by defendant Herzog, she stepped upon the iron cover of a coal hole, which cover tipped on one side, one of her feet going down into the hole, so that she was thrown upon her knees and injured. The cover was circular, 14£ inches in diameter, and its flange, when in…
2Cases cited2 opinions
- Strohm v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1884
- Korte v. St. Paul Trust Co.Supreme Court of Minnesota · 1893
3Cited by8 opinions
- Carpenter v. NelsonSupreme Court of Minnesota · 1960
- Carson v. TurrishSupreme Court of Minnesota · 1918
- Lowe v. Armour Packing Co.Supreme Court of Minnesota · 1921
- McBride v. St. Paul City Railway Co.Supreme Court of Minnesota · 1898
- Olson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1905
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