Clark v. City of Austin
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Mower county, against the city and one Galloway, to recover for personal injuries occasioned by his falling into an excavation, alleged to have been made by Galloway, adjoining a public street in the city, and left unguarded and without lights or other signals to warn travellers on the street.
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Plaintiff brought this action in the district court for Mower county, against the city and one Galloway, to recover for personal injuries occasioned by his falling into an excavation, alleged to have been made by Galloway, adjoining a public street in the city, and left unguarded and without lights or other signals to warn travellers on the street. The accident occurred in the evening of May 17, 1887. At the trial, before Farmer, J., the jury by their verdict found in favor of Galloway, but awarded $550 damages against tbe city, which appeals from an order refusing a new trial.
1Opinion of the Court
Gileillan, O. J.
The theory of this action is that the defendant Galloway unlawfully made an excavation in one of the public streets of the city, and that the city, in respect thereof, neglected its duty to keep the street in good repair and safe condition for persons passing upon it. The complaint can hardly be said to present this case as to the defendant Galloway; but the case was manifestly tried without regard to any defects in the complaint to charge Galloway. So, also, if there was any defect in the reply in respect to putting in issue the new matter in the answer of the city, charging…
2Cited by8 opinions
- City of Wabasha v. SouthworthSupreme Court of Minnesota · 1893
- Clay v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1908
- Bank of Havelock v. Western Union Telegraph Co.Court of Appeals for the Eighth Circuit · 1905
- Adams v. City of Thief River FallsSupreme Court of Minnesota · 1901
- Cohen v. SilvermanSupreme Court of Minnesota · 1922
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