Legal Opinion

Bannister v. George H. Hurd Realty Co.

Supreme Court of Minnesota

Decided December 17, 1915No. Nos. 19,635—(245)PublishedCited by 8 opinions

Action in the district court for Bamsey county to recover $1,600 for personal injury received in a fall upon the sidewalk in front of a building belonging to defendant company. The case was tried before Stanton, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $250. From an order denying its motion for judgment the verdict or a new trial, defendant appealed.

1Opinion of the CourtHallaM, J.

Defendant owns a building on Seventh street, in St. Paul. It is a business block and is built flush with the sidewalk. Projecting out into the sidewalk is an old cellar-way. In January, 1914, this was covered with a slanting wooden door, similar to the old-fashioned outside cellar door, extending from a point on the side of the building about three feet from the ground, out into the sidewalk about 28 inches, and of a width of from 34 to 38 inches. There is evidence on behalf of plaintiff that along the sidewalk at the foot of this cellar door there was, on January 28, 1914, an irregular ridge…

2Cases cited5 opinions

  1. Cannady v. LynchSupreme Court of Minnesota · 1881
  2. Tierney v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1885
  3. Williams v. Great Northern Railway Co.Supreme Court of Minnesota · 1897
  4. Isherwood v. H. L. Jenkins Lumber Co.Supreme Court of Minnesota · 1902
  5. White v. Standard Life & Accident InsuranceSupreme Court of Minnesota · 1907

3Cited by8 opinions

  1. Bentson v. Berde's Food Center, Inc.Supreme Court of Minnesota · 1950
  2. Van House v. Canadian Northern Railway Co.Supreme Court of Minnesota · 1923
  3. Burke v. O'NeilSupreme Court of Minnesota · 1934
  4. Rudd v. Lyceum Dramatic Productions, Inc.Supreme Court of Minnesota · 1957
  5. Hylaman v. Midland InsuranceSupreme Court of Minnesota · 1917

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