Legal Opinion

Trowbrigde v. Forepaugh

Supreme Court of Minnesota

Decided January 15, 1869PublishedCited by 10 opinions

, This action was commenced in • the Court of Common Pleas, Ramsey County, against Joseph L. Eorepaugh, and Charles Leonard, Monroe Shiere and Komaine Shiere, partners as Leonard & Sheire, and the City of St. Paul.

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, This action was commenced in • the Court of Common Pleas, Ramsey County, against Joseph L. Eorepaugh, and Charles Leonard, Monroe Shiere and Komaine Shiere, partners as Leonard & Sheire, and the City of St. Paul. The allegations of the complaint are substantially: that it is the duty of the Oity, under its charter, to keep streets and sidewalks in repair, and free from obstructions, and in suitable condition for use and travel; that Third street, in said City, was opened in 1855, and has been used and traveled prior to, and since said year; that defendant Forepaugh owns lot 9, on said…

1Opinion of the Court

By the Gourt

"WilsoN, Ch. J.

The liability of the city depends on a state of facts not affecting its co-defendants ; and the converse. Neither is in fact nor in law chargeable with, or liable on account of the matter set up as a cause of action against the other. They did not- jointly conduce to the injury by any acts either of omission or commission.

Under such circumstances we find no case holding that a joint action is maintainable; and' we are of the opinion that it is unauthorized by any statute or legal principle. Our statute, which is merely declaratory of the common law, forbids the…

2Cited by10 opinions

  1. Helms v. Northern Pac. Ry. Co.U.S. Circuit Court for the District of Minnesota · 1903
  2. Kelly v. Chicago & A. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1903
  3. Carmichael v. City of TexarkanaU.S. Circuit Court for the District of Western Arkansas · 1899
  4. Hayden v. PearceOregon Supreme Court · 1898
  5. MacDonald v. St. Louis Transit Co.Missouri Court of Appeals · 1904

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