55 N.W. 819 (Minn. 1893), Wright v. City of St. Cloud

Citation:55 N.W. 819, 54 Minn. 94
Opinion Judge:Mitchell, J.
Party Name:Mary A. Wright v. City of St. Cloud
Attorney:M. D. Taylor, City Attorney, for appellant, Geo. H. Reynolds, for respondent,
Case Date:June 29, 1893
Court:Supreme Court of Minnesota

Page 819

55 N.W. 819 (Minn. 1893)

54 Minn. 94

Mary A. Wright


City of St. Cloud

Supreme Court of Minnesota

June 29, 1893

Argued June 20, 1893.

Appeal by defendant, the City of St. Cloud, from a judgment of the District Court of Stearns County, D. B. Searle, J., entered February 8, 1893, for $ 700 and costs.

On Sunday morning, February 21, 1892, the plaintiff, Mary A. Wright, went with her husband to the Congregational Church on Fifth Avenue South. In returning from church she went with a Mrs. Whipple along the sidewalk on the west side of Fifth Avenue in front of vacant lot three (3) in block forty-one, (41,) where the snow had not been removed from the walk for a considerable time. The travel over it had packed it down in the track. The adjacent snow had partially melted away. When the weather was mild, deep footprints were left in the track, and it had frozen again, rendering the path rough and uneven. This was in the residence part of the city, six blocks distant from the business portion. The plaintiff saw the condition of the walk but attempted to pass over it. She slipped and fell and was injured. She brought this action, and had a verdict for $ 700. Judgment was entered, and the city appeals.

Judgment reversed.

M. D. Taylor, City Attorney, for appellant, cited: Henkes v. City of Minneapolis, 42 Minn. 530; McKellar v. City of Detroit, 57 Mich. 158; Nason v. City of Boston, 96 Mass. 508; Broburg v. City of Des Moines, 63 Iowa 523; Schaefler v. City of Sandusky, 33 Ohio St. 246; Wilson v. City of Charlestown, 8 Allen, 137; Horton v. Inhabitants of Ipswich, 12 Cush. 488; City of Quincy v. Barker, 81 Ill. 300; City of Aurora v. Pulfer, 56 Ill. 270; Belton v. Baxter, 54 N.Y. 245; Achtenhagen v. City of Watertown, 18 Wis. 331; Schell v. Second Nat'l Bank of St. Paul, 14 Minn. 43, (Gil. 34;) Brown v. Milwaukee & St. P. Ry. Co., 22 Minn. 165; La Riviere v. Pemberton, 46 Minn. 5; Erd v. City of St. Paul, 22 Minn. 443; Ray, Negligence, § 128.

Geo. H. Reynolds, for respondent, cited: McLaughlin v. City of Corry, 77 Pa. St. 109; Todd v. City of Troy, 61 N.Y. 506; Hall v. Manchester, 39 N.H. 295; Luther v. City of Worcester, 97 Mass. 268; Savage v. Bangor, 40 Me. 176; Cook v. City of Milwaukee, 24 Wis. 270; Barton v. Town of Montpelier, 30 Vt. 650; Collins v. Council Bluffs, 32 Iowa 324; Dooley v. City of Meriden, 44 Conn. 117; Cloughessey v. City of Waterbury, 51 Conn. 405; Congdon v. City of Norwich, 37 Conn. 414; City of Providence v. Clapp, 17 How. 161; Paulson v. Town of Pelican, 79 Wis. 445; Nebraska City v. Rathbone, 20 Neb. 288; Foxworthy v. City of Hastings, 25 Neb. 133; McDonald v. City of Ashland, 78 Wis. 251; Foxworthy v. City...

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