Legal Opinion

Gasink v. City of New Ulm

Supreme Court of Minnesota

Decided April 29, 1904No. Nos. 13,739—(7)Published

Appeal by defendant from an order of the district court for Brown county, Webber, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of plaintiff for $1,000.

1Opinion of the CourtLovely, J.

This action is for injuries sustained by plaintiff from a fall upon a sidewalk in New Ulm, arising from its alleged imperfect and defective condition. The complaint sets forth actionable negligence on the part of the city, through failure to repair the walk after knowledge of its condition, which was denied. There was a recovery. A motion for judgment notwithstanding the verdict or for a new trial, in the alternative, was refused, and defendant appeals.

A careful and considerate examination of the evidence leads to the conclusion that it was sufficient to sustain the plaintiff’s claim 'that…

2Cases cited4 opinions

  1. Cooper v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1893
  2. Johnson v. Northern Pacific RailroadSupreme Court of Minnesota · 1891
  3. Jones v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1890
  4. Skelton v. St. Paul City Railway Co.Supreme Court of Minnesota · 1903

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