Dehanitz v. City of St. Paul
Supreme Court of Minnesota
Action in the district court for Ramsey county by plaintiff, as administrator of the estate of Mary Dehanitz, deceased, to recover $5,000 damages for the death of plaintiff’s intestate. Defendant demurred to the complaint on the ground that it failed to state a cause of action. From an order, Willis, J., overruling the demurrer, defendant appealed. The city owed no duty to deceased.
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Action in the district court for Ramsey county by plaintiff, as administrator of the estate of Mary Dehanitz, deceased, to recover $5,000 damages for the death of plaintiff’s intestate. Defendant demurred to the complaint on the ground that it failed to state a cause of action. From an order, Willis, J., overruling the demurrer, defendant appealed. The city owed no duty to deceased. The deceased was not injured while on the public street, but was crossing property which the city was using as a dumping ground. A permission from a property owner to a stranger to come upon his land does not…
1Opinion of the CourtBuck, J.
The defendant, a municipal corporation, demurred to the complaint in this action upon the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled, and defendant appeals.
There is a tract of land within the limits of the defendant city which is known as “Kinney, Bond & Trader’s Addition to St. Paul.”' The street on said plat was dedicated to public use, but was never used nor maintained by the city, but it is alleged that for more than 20 years said platted land has been used as an open common by the public. Along the easterly boundary of said…
2Cited by12 opinions
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- Ahearn v. United StatesUnited States Court of Claims · 1958
- Carder v. City of ClarksburgWest Virginia Supreme Court · 1926
- Dehn v. S. Brand Coal & Oil Co.Supreme Court of Minnesota · 1954
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