Legal Opinion

Thoorsell v. City of Virginia

Supreme Court of Minnesota

Decided July 20, 1917No. Nos. 20,406—(197)PublishedCited by 9 opinions

Action in the district court for St. Louis county to recover $10,000 for personal injuries. The answer among other matters alleged that defendant is a municipal corporation subject to the terms of chapter 84 A, G. S. 1913, and acts amendatory thereof, known as the Workmen’s Compensation Act; that the plaintiff herein was an employee of one John Mesberg in defendant city; that the injury complained of was received in the course of and arising out of his said employment; that…

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Action in the district court for St. Louis county to recover $10,000 for personal injuries. The answer among other matters alleged that defendant is a municipal corporation subject to the terms of chapter 84 A, G. S. 1913, and acts amendatory thereof, known as the Workmen’s Compensation Act; that the plaintiff herein was an employee of one John Mesberg in defendant city; that the injury complained of was received in the course of and arising out of his said employment; that said John Mesberg and the plaintiff herein were both subject to the terms of that act. The case was tried before Hughes,…

1Opinion of the CourtBunn, J.

Plaintiff recovered a verdict of $2,500 for the injuries received in the accident involved in this case. Defendant appeals from an order denying its motion for judgment non obstante, or for a new trial.

The usual questions were argued, negligence, contributory negligence, damages. The following is an outline of the facts as the jury was justified in finding them:

Central avenue, one of the principal streets in the defendant city, has a bithulithic pavement. September 10, 1915, a piece of this pavement was taken up to enable a property owner to install a water pipe. The hole thus made started…

2Cases cited6 opinions

  1. Baker v. City of Grand RapidsMichigan Supreme Court · 1897
  2. City of Louisville v. HaughCourt of Appeals of Kentucky · 1914
  3. Finnegan v. City of Sioux CitySupreme Court of Iowa · 1900
  4. Finch v. Village of BangorMichigan Supreme Court · 1903
  5. Maloy v. City of St. PaulSupreme Court of Minnesota · 1893

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

3Cited by9 opinions

  1. Lamb v. South Unit Jehovah's WitnessesSupreme Court of Minnesota · 1950
  2. Brittain v. City of MinneapolisSupreme Court of Minnesota · 1957
  3. Hot Springs Plumbing & Heating Co. v. WallaceNew Mexico Supreme Court · 1933
  4. Squillace v. Village of Mountain IronSupreme Court of Minnesota · 1946
  5. Nichols v. Village of BuhlSupreme Court of Minnesota · 1922

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

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