Brown v. Village of Heron Lake
Supreme Court of Minnesota
Action in the district court for Jackson county to recover for personal injuries resulting from the negligence of defendant in maintaining a defective sidewalk. From an order, Severance, J., overruling a demurrer to the fifth paragraph of the answer, which set up the statute of limitations as a defense, plaintiff appealed.
1Opinion of the CourtCollins, J.
If by the amendment (Laws 1895, c. 30) to Gr. S. 1878, c. 66, § 8 (G-. S. 1894, § 5138), the right of action set out in the complaint herein is barred by limitation if not brought within two years, the demurrer was well taken, and the order appealed from will have to be affirmed. If, however, as urged by counsel for appellant, the amendment did not have that effect, the right to bring action remains for six years, being governed by Gr. S. 1894, § 5136, subd. 5, and the order will have to be reversed.
*147We are of the opinion that the act of 1895 fails to amend the fifth subdivision of the section…
2Cited by21 opinions
- Wild v. RarigSupreme Court of Minnesota · 1975
- Dalton v. Dow Chemical Co.Supreme Court of Minnesota · 1968
- Virtue v. Creamery Package Manufacturing Co.Supreme Court of Minnesota · 1913
- In Re Estate of DanielSupreme Court of Minnesota · 1940
- Kozisek v. BrighamSupreme Court of Minnesota · 1926
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