Legal Opinion

Noonan v. City of Stillwater

Supreme Court of Minnesota

Decided February 12, 1885PublishedCited by 36 opinions

Plaintiff, wbo was injured by a fall occasioned by a defective sidewalk in the city of Stillwater, brought this action for damages in the district court for Washington county against the city and one Isaac Gray, who is the owner of the lot abutting upon the defective sidewalk.

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Plaintiff, wbo was injured by a fall occasioned by a defective sidewalk in the city of Stillwater, brought this action for damages in the district court for Washington county against the city and one Isaac Gray, who is the owner of the lot abutting upon the defective sidewalk. The defendants separately demurred to the complaint, and the plaintiff appeals from an order by McCluer, J., sustaining the demurrer of defendant Gray, and the defendant the city of Stillwater appeals from an order overruling its demurrer. The provision of the city charter, imposing a liability upon the adjoining land…

1Opinion of the CourtGilfillan, C. J.

The charter of the city of Stillwater (Sp. Laws 1881, c. 92, subc. 8, § 13, p. 571) makes it “the duty of all owners of land adjoining any street, lane, or alley in said city to construct, reconstruct, and maintain in good repair such sidewalks along the side of the street, lane, or alley next to the lands of such owner, respectively, as may have been heretofore constructed, or as shall hereafter be constructed or directed by the city council to be built, and of such material and width, and upon such place and grade, as the city council may by ordinance or otherwise prescribe.” It also…

2Cases cited3 opinions

  1. Nelson v. RobsonSupreme Court of Minnesota · 1871
  2. Bond v. CorbettSupreme Court of Minnesota · 1858
  3. Wolf v. Banning & BucknellSupreme Court of Minnesota · 1859

3Cited by36 opinions

  1. Grapotte v. AdamsTexas Supreme Court · 1938
  2. Ackeret v. City of MinneapolisSupreme Court of Minnesota · 1915
  3. Abar v. Ramsey Motor Service, Inc.Supreme Court of Minnesota · 1935
  4. Adams v. GrapotteCourt of Appeals of Texas · 1934
  5. State ex rel. Oakland Cemetery Ass'n v. City of St. PaulSupreme Court of Minnesota · 1887

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