Brown v. City of Minneapolis
Supreme Court of Minnesota
Action in the district court for Hennepin county by the administrator of the estate of Jerald Brown, deceased, to recover $7,500 for the death of his intestate. The answer alleged that the death was caused solely by the negligence of plaintiff’s intestate and of his parents in their failure to exercise due care to see that their child played or went in a safe place, and not by reason of any negligence of defendant.
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Action in the district court for Hennepin county by the administrator of the estate of Jerald Brown, deceased, to recover $7,500 for the death of his intestate. The answer alleged that the death was caused solely by the negligence of plaintiff’s intestate and of his parents in their failure to exercise due care to see that their child played or went in a safe place, and not by reason of any negligence of defendant. The case was tried before Steele, J., and a jury which returned a verdict in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.
1Opinion of the CourtHallam, J.
1. In July, 1915, the city of Minneapolis was engaged in excavating for a water main along Elliott avenue in that city. The usual trench was excavated for that purpose about five feet deep with sheathing of timbers on the side. The earth and sand from the excavation were piled along the side and at the end. At one end of the ditch, on a pile of sand from 18 inches to two feet high, were set two planks, and on these ihe workmen when they quit at 4:30 p. m. placed an ordinary red light lantern calculated to serve as a warning at night. Mrs. Brown and her two-year old son passed near here going…
2Cases cited2 opinions
- Bank of Montreal v. RichterSupreme Court of Minnesota · 1893
- Magner v. TruesdaleSupreme Court of Minnesota · 1893
3Cited by6 opinions
- Knox v. City of Granite FallsSupreme Court of Minnesota · 1955
- Schmit Ex Rel. Schmit v. Village of Cold SpringSupreme Court of Minnesota · 1944
- Bauer v. Miller Motor Co.Supreme Court of Minnesota · 1936
- Clark v. City of BremertonWashington Supreme Court · 1939
- O'BIER v. Manufacturers Cas. Co.Louisiana Court of Appeal · 1954
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