Cleveland v. City of St. Paul
Supreme Court of Minnesota
Plaintiff brought this action in the court of common pleas, Ramsey county, to recover damages for an injury occasioned by the fall of his horse into a ditch or excavation on Third street in said city, on the night of the 20th of July, 1-870. Issue was found and the cause tried by the court without a jury.
Read the full summary
Plaintiff brought this action in the court of common pleas, Ramsey county, to recover damages for an injury occasioned by the fall of his horse into a ditch or excavation on Third street in said city, on the night of the 20th of July, 1-870. Issue was found and the cause tried by the court without a jury. The facts as found by the court are substantially as follows: The defendant is a duly incorporated municipal corporation, and Third street is a duly opened and graded street, and the principal street or thoroughfare in said city. Leahy & Co., under a contract with the Pioneer Printing…
1Opinion of the Court
By the Court.
McMillan, J.
It is not and cannot be disputed that the ditch and embankment made across Third street, the principal thoroughfare of the city of St. Paul, left in the condition it was at the time of the injury complained of, without guard, protection or-light, was a nuisance.
The important question seems to be whether the defendant is responsible for its existence, and liable to the plaintiff in this action for the injuries occasioned by it. ■
From the finding of the court it appears that, “this excavation was made by a firm doing business as plumbers in said city of St. Paul, under…
2Cases cited2 opinions
- Hutson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1853
- Hart v. City of BrooklynNew York Supreme Court · 1862
3Cited by16 opinions
- Sutton v. City of SnohomishWashington Supreme Court · 1895
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- Bulau v. BulauSupreme Court of Minnesota · 1940
- Spiker v. City of OttumwaSupreme Court of Iowa · 1922
- Klein v. City of DallasTexas Supreme Court · 1888
11 more not listed; retrieve them via the Exa API.