Legal Opinion

Terryll v. City of Faribault

Supreme Court of Minnesota

Decided November 8, 1901No. Nos. 12,780—(113)PublishedCited by 17 opinions

Appeal by defendant from an order of the district court for Rice county, Buckham, J., denying a motion for judgment in its favor notwithstanding the verdict or for a new trial.

1Opinion of the CourtBrown, J.

This action was brought to recover damages for personal injuries alleged to have been caused by the defective condition of a sidewalk in defendant city. Plaintiff had a verdict in the court below, and defendant appealed from an order denying a new trial. *342Two questions are presented for consideration: (1) Whether the notice or claim for damages served upon the city pursuant to the provisions of Laws 1897, c. 248, was sufficient; and (2) whether plaintiff is concluded with respect to the amount of recovery by the sum claimed in such notice.

The case was here on a former appeal, and the notice of…

2Cases cited6 opinions

  1. Cochran v. ToherSupreme Court of Minnesota · 1869
  2. Minick v. . City of TroyNew York Court of Appeals · 1881
  3. City of Wyandotte v. WhiteSupreme Court of Kansas · 1874
  4. Wilson v. Minneapolis & Northwestern RailroadSupreme Court of Minnesota · 1884
  5. Marsh v. Benton CountySupreme Court of Iowa · 1888

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3Cited by17 opinions

  1. City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
  2. White v. JohnsonSupreme Court of Minnesota · 1965
  3. Ackeret v. City of MinneapolisSupreme Court of Minnesota · 1915
  4. Hirth v. Village of Long PrairieSupreme Court of Minnesota · 1966
  5. Skoog v. City of Grand ForksNorth Dakota Supreme Court · 1981

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