Legal Opinion

Maloy v. City of St. Paul

Supreme Court of Minnesota

Decided August 17, 1893PublishedCited by 11 opinions

Appeal by plaintiff, Winnie Maloy, from an order of the District Court of Ramsey County, W. D. Cornish, J., made December 22, 1892, setting aside a verdict in her favor and ordering a new trial. On January 18, 1892, the plaintiff resided at No. 616 East Fourth Street in St. Paul. Between five and six o’clock in the evening, she started to go to the corner grocery to get milk. The sidewalk was made of plank laid lengthwise at this point to make a crossing for teams.

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Appeal by plaintiff, Winnie Maloy, from an order of the District Court of Ramsey County, W. D. Cornish, J., made December 22, 1892, setting aside a verdict in her favor and ordering a new trial. On January 18, 1892, the plaintiff resided at No. 616 East Fourth Street in St. Paul. Between five and six o’clock in the evening, she started to go to the corner grocery to get milk. The sidewalk was made of plank laid lengthwise at this point to make a crossing for teams. There had been a hole in it, since the previous August, six inches wide and eighteen inches long. The surface of the ground…

1Opinion of the CourtCollins, J.

Plaintiff brought this action to recover for personal injuries caused by a defective sidewalk, and obtained a verdict, which was set aside, and a new trial ordered, on motion *402of defendant city. The facts were not in' dispute. The defect was in the walk in front of the lot om which plaintiff resided with her husband, and close by their dwelling. The planks in the walk at this particular point had been laid lengthwise, and one had been broken down, so that there was a hole about eighteen inches long and about six inches in width, at the widest place. The walk had been laid six inches above the…

2Cases cited2 opinions

  1. George v. City of HaverhillMassachusetts Supreme Judicial Court · 1872
  2. Estelle v. Village of Lake CrystalSupreme Court of Minnesota · 1880

3Cited by11 opinions

  1. McQuillan v. City of SeattleWashington Supreme Court · 1895
  2. Meindersee v. MeyersCalifornia Supreme Court · 1922
  3. Knoxville v. CoxTennessee Supreme Court · 1899
  4. Isham v. BroderickSupreme Court of Minnesota · 1903
  5. Smith v. City of SpokaneWashington Supreme Court · 1897

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