City of Wabasha v. Southworth
Supreme Court of Minnesota
Appeal by defendant, Asahel D. Southworth, from a judgment of the District Court of Wabasha County, Chas. M. Start, J., entered February 10, 1893, for $1,432.91. Prior to 1873, Dr. Remondino built the old Exchange Bank building fronting north onto Main Street in the City of Wabasha, and put a wooden trap-door in the plank sidewalk in front, for access to the cellar. He put it in, as was usual, without applying for, or obtaining, license from the city.
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Appeal by defendant, Asahel D. Southworth, from a judgment of the District Court of Wabasha County, Chas. M. Start, J., entered February 10, 1893, for $1,432.91. Prior to 1873, Dr. Remondino built the old Exchange Bank building fronting north onto Main Street in the City of Wabasha, and put a wooden trap-door in the plank sidewalk in front, for access to the cellar. He put it in, as was usual, without applying for, or obtaining, license from the city. In that year defendant purchased a half interest in the property, and, in 1880, purchased the other half. Thereafter this trap-door was never…
1Opinion of the CourtMitchell, J.
If the findings of fact were justified by the evidence, there is nothing new or doubtful in the law governing this case.
In order to entitle the plaintiff to recourse on the defendant for the money which it had paid in settlement of the claim of Schinzel for injuries sustained by reason of the defective sidewalk, it was necessary to establish—First, that tne city was liable to Schinzel by reason of negligence in the performance of its duty to the public to keep its streets in safe condition, and, second, that defendant was also liable to Schinzel by reason of his negligence in constructing or…
2Cases cited6 opinions
- Fisher v. ThirkellMichigan Supreme Court · 1870
- Minneapolis Mill Co. v. WheelerSupreme Court of Minnesota · 1883
- Landru v. LundSupreme Court of Minnesota · 1888
- Clark v. City of AustinSupreme Court of Minnesota · 1888
- Nichols v. City of MinneapolisSupreme Court of Minnesota · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Hendrickson v. Minnesota Power & Light Co.Supreme Court of Minnesota · 1960
- Hendrickson v. Minnesota Power & Light Co.Supreme Court of Minnesota · 1960
- Tolbert v. Gerber Industries, Inc.Supreme Court of Minnesota · 1977
- Butler Bros. v. American Fidelity Co.Supreme Court of Minnesota · 1913
- Fidelity & Casualty Co. of New York v. Northwestern Telephone Exchange Co.Supreme Court of Minnesota · 1918
27 more not listed; retrieve them via the Exa API.