Moore v. City of Minneapolis
Supreme Court of Minnesota
The plaintiff brought this action in the district court for Hennepin county to recover damages for injuries occasioned, as he claimed, by his stepping into a hole in the sidewalk on Hennepin avenue, in the city of Minneapolis, while walking on said sidewalk on the night of the 11th of March, 1871. At the trial there was conflicting evidence as to whether the plaintiff's injuries were really occasioned by his stepping into the hole, and as to how long the defect in the…
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The plaintiff brought this action in the district court for Hennepin county to recover damages for injuries occasioned, as he claimed, by his stepping into a hole in the sidewalk on Hennepin avenue, in the city of Minneapolis, while walking on said sidewalk on the night of the 11th of March, 1871. At the trial there was conflicting evidence as to whether the plaintiff's injuries were really occasioned by his stepping into the hole, and as to how long the defect in the sidewalk had existed. . It did not appear that the defect had ever been brought to the actual knowledge of the defendant or…
1Opinion of the Court
By the Court.
McMillan, J.
This is an action brought by the respondent to recover damages for a personal injury occasioned by his stepping into a hole in the sidewalk on a public street within the city of Minneapolis.
The defendant is a municipal corporation, and by its charter has the exclusive care, supervision and control of all the highways and streets within the limits of the city. Sp.L-. 1867, ch. 19, sub. ch. 6, §§ 1, 2. The grades of the streets and sidewalks, etc., are to be established by the city council, and whenever the common council deem it necessary to construct or repair any…
2Cases cited2 opinions
- Shartle v. City of MinneapolisSupreme Court of Minnesota · 1871
- Cleveland v. City of St. PaulSupreme Court of Minnesota · 1872
3Cited by3 opinions
- Furnell v. City of St. PaulSupreme Court of Minnesota · 1873
- Heath v. MansonCalifornia Supreme Court · 1905
- State ex rel. Child v. District Court of Chippewa CountySupreme Court of Minnesota · 1902