O'Leary v. City of Mankato
Supreme Court of Minnesota
Action to recover damages for injuries to the plaintiff and his property, occasioned by alleged neglio-ence of the dcfendant. Trial before Waite, J., in the district court for Blu& Earth county, the facts proved being stated in the opinion.
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Action to recover damages for injuries to the plaintiff and his property, occasioned by alleged neglio-ence of the dcfendant. Trial before Waite, J., in the district court for Blu& Earth county, the facts proved being stated in the opinion. At the request of the plaintiff, the judge charged the jury, in substance: 1. That a municipal corporation, having the exclusive control of the streets within its limits, is obliged to keep them in a safe condition; and if it neglects this duty, and injury results to any person by this neglect, the corporation is liable for the damages sustained. To this…
1Opinion of the CourtYoung, J.
The defendant, the City of Mankato, is a municipal corporation, having the care, supervision and control of all streets within its limits, and the power to levy a special tax on all taxable property of the city, for the purpose of constructing, maintaining and repairing its streets. Sp. Laws, 1868, p. 131, § 1; p. 129, § 2. The provisions of its charter on these subjects are nearly identical with those of the charter of the city of Minneapolis, cited in Shartle v. Minneapolis, 17 Minn. 308, 312, 313.
Across Second street, the most frequented of all the streets in the city, with perhaps one…
2Cases cited3 opinions
- Shartle v. City of MinneapolisSupreme Court of Minnesota · 1871
- Cleveland v. City of St. PaulSupreme Court of Minnesota · 1872
- Lindholm v. City of St. PaulSupreme Court of Minnesota · 1872
3Cited by8 opinions
- Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Malloy v. Township of WalkerMichigan Supreme Court · 1889
- Shaber v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1881
- Kelly v. Southern Minnesota Railway Co.Supreme Court of Minnesota · 1881
- Nalley v. Hartford Carpet Co.Supreme Court of Connecticut · 1884
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