Legal Opinion

Larkin v. City of Minneapolis

Supreme Court of Minnesota

Decided October 28, 1910No. 16,756—(137)PublishedCited by 16 opinions

Action in tbe district court for Hennepin county to recover $5,731 for personal injuries. The case was tried before John Day Smith, J., who, at the close of plaintiff’s case, denied defendant’s motion for a directed verdict on the ground that the evidence failed to establish a cause of action against defendant, and especially upon the ground that the notice required to be given by the plaintiff before suit was not in compliance with the law.

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Action in tbe district court for Hennepin county to recover $5,731 for personal injuries. The case was tried before John Day Smith, J., who, at the close of plaintiff’s case, denied defendant’s motion for a directed verdict on the ground that the evidence failed to establish a cause of action against defendant, and especially upon the ground that the notice required to be given by the plaintiff before suit was not in compliance with the law. At the close of all the testimony the court denied defendant’s motion for a directed verdict on the ground that the notice given pursuant to R. L. 1905,…

1Opinion of the CourtJaggard, J.

Plaintiff brought this action, against defendant city to recover damages consequent on its negligence in maintaining the sidewalk crossing in a certain alley in a safe and proper manner. Plaintiff recovered a verdict of $2,500. Defendant appealed.

The principal controversy concerns the adequacy of the notice given to the city under section 768, E. L. 1905. That notice sufficiently stated the time and place, and then- proceeded: “And that said injuries were caused at said place through the carelessness and negligence of said city in failing to maintain and construct in a safe and proper manner…

2Cases cited26 opinions

  1. Nicol v. City of St. PaulSupreme Court of Minnesota · 1900
  2. Noonan v. City of LawrenceMassachusetts Supreme Judicial Court · 1881
  3. Tattan v. City of DetroitMichigan Supreme Court · 1901
  4. Harder v. City of MinneapolisSupreme Court of Minnesota · 1889
  5. Steinbrunner v. Pittsb. etc. Ry. Co., Pennsylvania Court of Common Pleas, Alleghany County1892

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

3Cited by16 opinions

  1. Kroning v. State Farm Automobile Insurance Co.Supreme Court of Minnesota · 1997
  2. Eichelberger v. Barnes HospitalMissouri Court of Appeals · 1983
  3. Ackeret v. City of MinneapolisSupreme Court of Minnesota · 1915
  4. Adelmann v. Elk River Lumber Co.Supreme Court of Minnesota · 1954
  5. Brittain v. City of MinneapolisSupreme Court of Minnesota · 1957

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

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