Holm v. Village of Carver
Supreme Court of Minnesota
Appeal by defendant, the Village of Carver, from an order of the District Court of Carver County, Francis Cadwell, J., made July 1, 1892, denying its motion for a new trial. On the west side of the street called Broadway in the Village of Carver was a sidewalk made of pine plank. On June 39, 1891, the plaintiff, Emma Holm, while going along this sidewalk carrying a house lamp stepped upon a loose plank in the walk and was thrown down and her right knee was injured.
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Appeal by defendant, the Village of Carver, from an order of the District Court of Carver County, Francis Cadwell, J., made July 1, 1892, denying its motion for a new trial. On the west side of the street called Broadway in the Village of Carver was a sidewalk made of pine plank. On June 39, 1891, the plaintiff, Emma Holm, while going along this sidewalk carrying a house lamp stepped upon a loose plank in the walk and was thrown down and her right knee was injured. She brought this action to recover damages for this personal injury. The defendant answered, that the place where the accident…
1Opinion of the CourtMitchell, J.
Action to recover for personal injuries caused by the defendant’s neglect to keep a sidewalk in safe condition for public travel.
An examination of the record satisfies us that upon the question of defendant’s negligence the evidence made a fair case for the jury, and that upon the question of plaintiff’s contributory negligence the most that could be claimed in behalf of the defendant was that the evidence also made a case for the jury.
There was no error in the court’s refusal to give the requested instructions numbered eighth and ninth, for the reason that they were substantially given in…
2Cited by1 opinion
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