Engel v. City of Minneapolis
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $40,000 for injuries received in riding over an obstruction in one of defendant’s streets. The answer alleged contributory negligence on the part of plaintiff. • The case was tried before Leary, J., and a jury which returned a verdict in favor of defendant. From an order denying plaintiff’s motion for a new trial, he appealed.
1Opinion of the CourtHallam, J.
About 9:30 p. m. ou July 1, 1916, plaintiff was riding in a grocery wagon along Broadway in Minneapolis. He was sitting on the bottom of the wagon box. Broadway is paved with concrete. At one point in the street the concrete had shortly before become raised or “buckled up,” making an obstruction of the height of 13 or 14 inches. As the wagon struck this obstruction plaintiff was thrown out and injured. The defect in the street Was a serious one. It had not existed long and had probably been caused by expansion due to the heat. The defect was, however, reported to the police officer in charge…
2Cases cited11 opinions
- City of San Antonio v. TalericoTexas Supreme Court · 1904
- Rehberg v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1883
- Cunningham v. City of Thief River FallsSupreme Court of Minnesota · 1901
- City of Columbus v. OgletreeSupreme Court of Georgia · 1897
- City of Woodward v. BowderSupreme Court of Oklahoma · 1916
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3Cited by4 opinions
- Kelley v. CurtissNew Jersey Superior Court Appellate Division · 1954
- Pettinger v. Village of WinnebagoSupreme Court of Minnesota · 1953
- City of Minneapolis v. First National Bank & Trust Co.Supreme Court of Minnesota · 1936
- Kelley v. CurtissNew Jersey Superior Court Appellate Division · 1954