Baker v. City of South St. Paul

Peterson, Justice.

We granted a new trial on the former appeal, Baker v. City of South St. Paul, 198 Minn. 437, 270 N. W. 154, upon the grounds that, although a city is liable for a defect in a street after it has actual or constructive notice of the defect a sufficient length of time to render it negligent in failing to remove the defect or otherwise protect the public against it, plaintiff failed to prove that the defendant had knowledge or notice of the defect. The facts are stated at length in the opinion on the former appeal. There plaintiff claimed that two holes were made in the…