Legal Opinion

O'Gorman v. Village of Morris

Supreme Court of Minnesota

Decided November 25, 1879PublishedCited by 1 opinion

Appeal by defendant from an order of the district court for Stevens, Big Stone and Traverse counties, Brown, J., presiding, refusing a new trial after verdict of $175 for plaintiff.

1Opinion of the CourtGilfillan, C. J.

The common council of the village corporation has, by the charter, authority to raise money for “opening, building, grading, paving or repairing streets and cross-walks.” Sp. Laws 1878, c. 5, § 16, subd.-25.

It appears that the injury to the plaintiff occurred in consequence, not of the omission of the corporation to assume control of a street, but of its failure to properly cover- a culvert laid across a street by authority of the corporation. If there was negligence in this, and the jury has found there was, of course the corporation is liable unless there was contributory negligence on the…

2Cited by1 opinion

  1. Altnow v. Town of SibleySupreme Court of Minnesota · 1883

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