Taylor v. City of Austin
Supreme Court of Minnesota
This action was brought in the district court for Mower county, to recover damages alleged to have been caused by the negligence of defendant in failing to keep its sewers in repair. The action was tried before Farmer, J., and a jury, and plaintiff had a verdict for $78.92. Defendant appeals from an order refusing a new trial.
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This action was brought in the district court for Mower county, to recover damages alleged to have been caused by the negligence of defendant in failing to keep its sewers in repair. The action was tried before Farmer, J., and a jury, and plaintiff had a verdict for $78.92. Defendant appeals from an order refusing a new trial. Defendant’s seventh request, referred to in the opinion, was as follows, viz.: “If the plaintiff or his employes, after the first flow of water into the cellar, permitted his goods that were liable to injury to remain in the cellar, and they were thereby further damaged…
1Opinion of the Court
Vanderburgh, J.1
Plaintiff recovered a verdict for damages against the defendant on account of its alleged breach of duty in suffering a sewer or drain in one of its public streets to remain out of repair and obstructed, so as to cause plaintiff’s cellar to be flooded with water, and his goods damaged. It is not material to inquire when or by whom the sewer was originally constructed, as it is not disputed that the city had assumed its control and management. It was therefore its duty to use reasonable diligence to keep it in proper repair. Shartle v. City of Minneapolis, 17 Minn. 284, (308;)…
2Cases cited3 opinions
- Phelps v. City of MankatoSupreme Court of Minnesota · 1877
- Nelson v. RobsonSupreme Court of Minnesota · 1871
- Pinney v. First Division of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1872
3Cited by11 opinions
- City of Atlanta v. TrussellCourt of Appeals of Georgia · 1917
- Pettinger v. Village of WinnebagoSupreme Court of Minnesota · 1953
- Schroeder v. City of BarabooWisconsin Supreme Court · 1896
- Dunn v. Boise CityIdaho Supreme Court · 1929
- Altendorfer v. Jandric, Inc.Supreme Court of Minnesota · 1972
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