Legal Opinion

Weide v. City of St. Paul

Supreme Court of Minnesota

Decided July 17, 1914No. Nos. 18,754—(192)PublishedCited by 1 opinion

Action in the district court for Ramsey county to recover $5,000 for injury to plaintiff received while walking upon a sidewalk in •defendant city. The case was tried before Catlin, J., who granted plaintiff’s motion to dismiss the action against the defendant insurance company and denied defendant city’s motion for a directed ■verdict in its favor, and a jury which returned a verdict for $3,000 in favor of plaintiff.

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Action in the district court for Ramsey county to recover $5,000 for injury to plaintiff received while walking upon a sidewalk in •defendant city. The case was tried before Catlin, J., who granted plaintiff’s motion to dismiss the action against the defendant insurance company and denied defendant city’s motion for a directed ■verdict in its favor, and a jury which returned a verdict for $3,000 in favor of plaintiff. Erom an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

1Opinion of the CourtHallam, J.

Plaintiff was walking along a cement sidewalk on an unfrequented! street in the city of St. Paul. She carried her four months’ old child in her arms. Her evidence shows that the tiles gave way beneath her and she fell down an embankment into the adjoining lot,, a distance of six to eight feet, and sustained injuries. The jury returned a verdict for plaintiff for $3,000. Defendant appeals from an order denying its alternative motion for judgment or for a new trial.

1. There is ample evidence of negligence on the part of the city..

The sidewalk was defective. It would not sustain the weight of a<…

2Cases cited3 opinions

  1. City of Wabasha v. SouthworthSupreme Court of Minnesota · 1893
  2. Miller v. City of St. PaulSupreme Court of Minnesota · 1888
  3. Ingalls v. ObergSupreme Court of Minnesota · 1897

3Cited by1 opinion

  1. State v. BakerSupreme Court of Minnesota · 1924

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