Estabrook v. City of Duluth
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $8,520 for injuries received in slipping into a hole in a paving block. The answer was a general denial.
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Action in the district court for St. Louis county to recover $8,520 for injuries received in slipping into a hole in a paving block. The answer was a general denial. The case was tried before Dancer, J., who denied defendant’s motions for a directed verdict, and a jury which returned a verdict for $400. Defendant’s motion for judgment notwithstanding the verdict, on the ground that the verdict was not sustained by the evidence and that the court erred in denying defendant’s motion for a directed verdict at the close of the testimony, was granted. From the judgment entered pursuant to the…
1Opinion of the Court
Tayloe, C.
Plaintiff recovered a verdict for injuries sustained in a fall caused by stepping in a hole or depression in the paving at the intersection of First street with Lake avenue in the city of Duluth. Thereafter the court directed judgment for defendant notwithstanding the verdict, and plaintiff appealed from the judgment entered pursuant to such direction.
First street and Lake avenue intersect in a busy part of the city and both are much traveled by pedestrians. The intersection is paved with creosote blocks, and this pavement serves as a crosswalk for people passing from one side to…
2Cases cited10 opinions
- Terry v. . Village of PerryNew York Court of Appeals · 1910
- City of Meridian v. CrookMississippi Supreme Court · 1915
- Jackson v. City of LansingMichigan Supreme Court · 1899
- Johnson v. City of AmesSupreme Court of Iowa · 1917
- Fortmeyer v. National Biscuit Co.Supreme Court of Minnesota · 1911
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Rudd v. Village of BoveySupreme Court of Minnesota · 1958
- Bowen v. City of St. PaulSupreme Court of Minnesota · 1922
- Mockler v. City of StillwaterSupreme Court of Minnesota · 1955
- McGandy v. City of MarshallSupreme Court of Minnesota · 1929
- Heidemann v. City of Sleepy EyeSupreme Court of Minnesota · 1935