Legal Opinion

Keever v. City of Mankato

Supreme Court of Minnesota

Decided December 23, 1910No. Nos. 16,282, 16,283—(5, 6)PublishedCited by 32 opinions

Action by the administratrix of the estate of Lewis Eugene Keever, deceased, in the district court of Blue Earth county, to recover $5,000 for the death of her intestate, caused by defendant’s alleged negligence in permitting its water supply to become polluted. Another action was brought by the administratrix of the estate of E. R. Elanagan, deceased, to recover the same amount for the death of her intestate, caused by the same negligence.

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Action by the administratrix of the estate of Lewis Eugene Keever, deceased, in the district court of Blue Earth county, to recover $5,000 for the death of her intestate, caused by defendant’s alleged negligence in permitting its water supply to become polluted. Another action was brought by the administratrix of the estate of E. R. Elanagan, deceased, to recover the same amount for the death of her intestate, caused by the same negligence. The substance of the complaints is stated in the opinion. Defendant demurred to the complaints, and from orders sustaining the demurrers, Pfau, J.,…

1Opinion of the CourtJaggaed, J.

This is an action for death by wrongful act, occasioned by the negligence of the defendant city. The complaint alleged that defendant, a municipal corporation, negligently, allowed waters and the water supply in its waterworks system to become infected and polluted with poisonous substances “and large quantities of filth and sewage, all of which were saturated with the germs of diseases, * * * and carelessly, negligently and recklessly * * * *60permit * * * foul, filthy and dangerous substances, common sewage, and other filth to escape into and saturate the water supply;” that by reason thereof…

2Cases cited27 opinions

  1. Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
  2. Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
  3. Wagner v. City of Rock IslandIllinois Supreme Court · 1893
  4. Missano v. Mayor of New YorkNew York Court of Appeals · 1899
  5. Esberg Cigar Co. v. City of PortlandOregon Supreme Court · 1899

22 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Susla v. StateSupreme Court of Minnesota · 1976
  2. Hahn v. City of OrtonvilleSupreme Court of Minnesota · 1953
  3. Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
  4. Emmons v. City of VirginiaSupreme Court of Minnesota · 1922
  5. Wigal v. City of ParkersburgWest Virginia Supreme Court · 1914

27 more not listed; retrieve them via the Exa API.

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