Legal Opinion

Kleopfert v. City of Minneapolis

Supreme Court of Minnesota

Decided July 22, 1904No. Nos. 13,984—(193)PublishedCited by 7 opinions

Action in the district court for Hennepin county to recover $3,016 for personal injuries received while riding a bicycle upon a public highway. The case was tried before Simpson, J., who found in favor of plaintiff for $450. From an order denying a 'motion for a new trial, defendant appealed. No rule is better established than the general rule that a municipal corporation is not liable for the acts of its officers or employees in the performance of public functions.

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Action in the district court for Hennepin county to recover $3,016 for personal injuries received while riding a bicycle upon a public highway. The case was tried before Simpson, J., who found in favor of plaintiff for $450. From an order denying a 'motion for a new trial, defendant appealed. No rule is better established than the general rule that a municipal corporation is not liable for the acts of its officers or employees in the performance of public functions. This court has applied the rule to the following cases: Negligence of a Board of Health. Bryant v. City of St. Paul, 33 Minn.…

1Opinion of the CourtLovely, J.

Plaintiff brings this action to recover for injuries sustained on Ken-'wood Boulevard, in the city of Minneapolis, which was held on a former appeal (90 Minn. 158, 95 N. W. 908) to be a public street. *120The cause was tried to the court, who upon findings of fact sustained the view that the city was liable for injury to a bicycle rider who, in trying to avoid a rope placed across the boulevard by the servant of the park commissioners, collided with a team and was injured. Judgment was ordered for plaintiff. Defendant appeals from an order denying a new trial.

It was held in the previous decision…

2Cases cited1 opinion

  1. Kleopfert v. City of MinneapolisSupreme Court of Minnesota · 1903

3Cited by7 opinions

  1. Nessen v. City of New OrleansSupreme Court of Louisiana · 1914
  2. Larson v. Township of New Haven, Olmsted CountySupreme Court of Minnesota · 1969
  3. Metzroth v. City of New YorkNew York Court of Appeals · 1926
  4. Hoffman v. City of St. PaulSupreme Court of Minnesota · 1932
  5. Luke v. City of AnokaSupreme Court of Minnesota · 1967

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