Legal Opinion

Clarke v. Philadelphia & Reading Coal & Iron Co.

Supreme Court of Minnesota

Decided June 24, 1904No. Nos. 13,857—(151)PublishedCited by 12 opinions

Appeal by defendant from an order of the district court for Ramsey county, Kelly, J., denying a motion for a new trial.

1Opinion of the CourtLovely, J.

Action for personal injuries from a fall into an opening in the sidewalk adjacent to the Astoria Hotel, in St. Paul, on July 6,1903. There was a verdict for plaintiff for $2,500. Defendant moved for a new trial, which was denied. This appeal is from that order.

Defendant was engaged in the business of selling coal, and, as an incident thereto, on the day in question, during the morning hours, between eight and nine o’clock, had caused to be removed the grate coverings, leaving two openings in the sidewalk in question, for the purpose of placing coal in the cellar beneath and removing ashes…

2Cases cited2 opinions

  1. McKillop v. Duluth Street Railway Co.Supreme Court of Minnesota · 1893
  2. Lyons v. DeeSupreme Court of Minnesota · 1903

3Cited by12 opinions

  1. Bisbee v. RuppertSupreme Court of Minnesota · 1975
  2. State v. HicksSupreme Court of Minnesota · 1974
  3. State v. SimonsenSupreme Court of Minnesota · 1958
  4. State v. PetersonSupreme Court of Minnesota · 1963
  5. Trail v. Village of Elk RiverSupreme Court of Minnesota · 1970

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