Legal Opinion

Fitzpatrick v. Rose Donahue Realty Co.

Supreme Court of Minnesota

Decided January 6, 1922No. 22,648PublishedCited by 7 opinions

Action in the district court for Ramsey county.to recover f 12,000 for injuries to plaintiff’s minor child. The case was tried before Olin.B. Lewis, J., who at the close of the testimony directed a verdict in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

1Opinion of the CourtHallam, J.

Defendant owns an apartment house in St. Paul. Charles Narr, tbe janitor in charge of the building, had an apartment in the basement, with entrance from a back yard. His family consisted of a wife and two children, a daughter, 11 years old and a son, 8 years old. These children played in and about this rear yard and had a children’s play house there. Helen Fitzpatrick, 8 years old, lived about a block away. With other children she played habitually with the Narr children in their back yard with the knowledge of Mr. Narr and of every one who paid much attention to the premises. About July 15,…

2Cases cited5 opinions

  1. Hall v. . New York Telephone Co.New York Court of Appeals · 1915
  2. Beetz v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1896
  3. Dahl v. Valley Dredging Co.Supreme Court of Minnesota · 1914
  4. Zartner v. GeorgeWisconsin Supreme Court · 1914
  5. Rothenberger v. Powers Fuel, Feed, Transfer & Storage Co.Supreme Court of Minnesota · 1921

3Cited by7 opinions

  1. Alling v. Northwestern Bell Telephone Co.Supreme Court of Minnesota · 1923
  2. Johnson v. WoodSupreme Court of Florida · 1945
  3. Latta v. BrooksCourt of Appeals of Kentucky (pre-1976) · 1943
  4. Meredith v. FehrCourt of Appeals of Kentucky (pre-1976) · 1936
  5. Reichert v. Minnesota Northern Natural Gas Co.Supreme Court of Minnesota · 1935

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