Legal Opinion

Tabor v. City of St. Paul

Supreme Court of Minnesota

Decided December 13, 1886PublishedCited by 5 opinions

Appeal by defendant from an order of the district court for Ramsey county, refusing a new trial after a trial before Simons, J., and a jury, and verdict of $3,500 for plaintiff.

1Opinion of the CourtMitchell, J.

The evidence tended to prove that at the south-east 'corner of Wabasha and Seventh streets (the point where plaintiff fell and was injured) the sidewalk on Seventh was higher than that on Wabasha, making a perpendicular drop of from six to nine inches from the one sidewalk to the other. This condition of things had continued from one to two months. This was one of the most public thoroughfares in the city. There was no evidence tending to show any reasonable necessity for this difference in height between the two walks. There was no guard or light to call the attention of pedestrians to this.…

2Cases cited2 opinions

  1. Clemence v. . City of AuburnNew York Court of Appeals · 1876
  2. Goodfellow v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885

3Cited by5 opinions

  1. Bennetts v. Silver Bow Amusement Co.Montana Supreme Court · 1922
  2. Blyhl v. Village of WatervilleSupreme Court of Minnesota · 1894
  3. Miller v. City of St. PaulSupreme Court of Minnesota · 1888
  4. Metz v. City of ButteMontana Supreme Court · 1903
  5. Jones v. City of ColumbusCourt of Appeals for the Fifth Circuit · 1943

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