Legal Opinion

Brantman v. City of Canby

Supreme Court of Minnesota

Decided November 22, 1912No. Nos. 17,921—(97)PublishedCited by 15 opinions

Action in the district court for Yellow Medicine county to recover $2,500 for personal injuries. The answer alleged that the injury was caused solely by plaintiff’s own negligence. The case was tried before Powers, J., who granted defendant’s motion to direct a verdict in its favor. Erom an order setting aside the verdict and granting a new trial, defendant appealed.

1Opinion of the CourtHolt, J.

The city of Canby, Minnesota, maintains a municipal gas plant to light its streets, and also to sell gas to private consumers. Plaintiff was occupying a building fronting on the main street in the city; in *397front of the building and across the sidewalk was a street lamp; the gas from this lamp was supplied by a pipe leading from the gas main in the street and was laid some two feet below the surface, entering into the lamp-post at a somewhat greater depth through a “goose neck” or bent pipe of lead designed to prevent breaks when frost would heave the ground. Nearly parallel with the pipe…

2Cases cited7 opinions

  1. Esberg Cigar Co. v. City of PortlandOregon Supreme Court · 1899
  2. Dickinson v. City of BostonMassachusetts Supreme Judicial Court · 1905
  3. Snider v. City of St. PaulSupreme Court of Minnesota · 1892
  4. Gould v. Winona Gas Co.Supreme Court of Minnesota · 1907
  5. Hodgins v. Bay CityMichigan Supreme Court · 1909

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3Cited by15 opinions

  1. City of Trenton v. New JerseySupreme Court of the United States · 1923
  2. Emmons v. City of VirginiaSupreme Court of Minnesota · 1922
  3. Ackeret v. City of MinneapolisSupreme Court of Minnesota · 1915
  4. Frasch v. City of New UlmSupreme Court of Minnesota · 1915
  5. Quigley v. Village of HibbingSupreme Court of Minnesota · 1964

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