Legal Opinion

Adams v. City of Minneapolis

Supreme Court of Minnesota

Decided April 15, 1874PublishedCited by 4 opinions

The plaintiff in bis complaint alleges that he suffered the injury, for which he seeks redress in this action, through the negligence of the defendant in leaving open and unguarded a sewer in one of its streets, on June 29, 1871. The defendant, the present city of Minneapolis, was incorporated February 28, 1872, and is composed of the old cities of Minneapolis and St. Anthony. The former constituting the west division, and the latter the east division of the present city.

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The plaintiff in bis complaint alleges that he suffered the injury, for which he seeks redress in this action, through the negligence of the defendant in leaving open and unguarded a sewer in one of its streets, on June 29, 1871. The defendant, the present city of Minneapolis, was incorporated February 28, 1872, and is composed of the old cities of Minneapolis and St. Anthony. The former constituting the west division, and the latter the east division of the present city. The complaint does not allege that the accident to the plaintiff occurred within the limits, or that it was occasioned by…

1Opinion of the Court

By the Court.

Berry, J.

The present city of Minneapolis — the defendant — was formed by uniting the city of St. Anthony, and what may be called, by way of distinction, the old city of Minneapolis. This was not done by the simple annexation of either of the two latter cities to the other, but by tbe merger of the two in a new corporation. (See defendant’s charter, chap. 10, Sp. Laws, 1872, passim.) If the case *486bad been one of simple annexation of the territory and inhabitants of the city of St. Anthony to the old city of Minneapolis, the latter might have retained its identity as the city of…

2Cases cited2 opinions

  1. Robbins v. School District No. 1Supreme Court of Minnesota · 1865
  2. Lockwood v. BigelowSupreme Court of Minnesota · 1865

3Cited by4 opinions

  1. City of Stamford v. Town of StamfordSupreme Court of Connecticut · 1928
  2. Henshaw v. FosterCalifornia Supreme Court · 1917
  3. Schriber v. Town of LangladeWisconsin Supreme Court · 1886
  4. De Mattos v. City of New WhatcomWashington Supreme Court · 1892

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