Graham v. City of Albert Lea

• Decision Date: 21 January 1892
• Citation: 48 Minn. 201,50 N.W. 1108
• Parties: GRAHAM v CITY OF ALBERT LEA.
• Court: Minnesota Supreme Court

48 Minn. 201

50 N.W. 1108

GRAHAMvCITY OF ALBERT LEA.

Supreme Court of Minnesota.

Jan. 21, 1892.

(Syllabus by the Court.)

1. If a municipal corporation knowingly permits a way or walk constructed upon one of its streets by a private person, and designed for the use of pedestrians, to remain and to be so used, the authorities by their official acts inviting and inducing such use, the duty devolves upon the corporation to keep the way in proper repair as a sidewalk; and it is of no consequence that such way or walk was built of earth, instead of the usual materials.

2. Other unimportant matters considered and disposed of.

Appeal from district court, Freeborn county; FARMER, Judge.

Action by John H. Graham against the city of Albert Lea to recover for personal injuries. Verdict and judgment for plaintiff. Defendant appeals. Affirmed.

W. N. Crane and R. D. Russell, for appellant.

Lovely & Morgan, for respondent.

COLLINS, J.

This was an action brought to recover for personal injuries received in the year 1890 in front of what is called the Morin block, or tract of land, on the southerly side of Clark street, in the city of Albert Lea. On the east of this block is Adams street, on the west is Grove, both crossing Clark at right angles, about 300 feet apart. The street last mentioned was brought to grade by the street commissioner in 1886, the cut at the point in question being several feet in depth, and at the same time a plank walk was laid upon its northerly side. Since then it has been one of the main thoroughfares of the city. No plank walk was laid in front of the Morin property, but its owner, Mr. Morin, who was then an alderman, and as such had charge of the grading, employed the street commissioner to plow a few furrows on top of the bank, so that it might be terraced down, and a more convenient way made for pedestrians. Morin then, at his own expense, cut down and leveled off a walk about eight feet wide, surfaced it with gravel, and, with a slope at each end, brought it down to conform with the grade of the three streets before mentioned. The city then constructed cross-walks over Adams street from the east end, and over Clark from the west end, of the walk so built by Morin, so that it was given the appearance of a continuous way or walk for foot passengers, and it was so used for more than four years before plaintiff was injured. His injuries, inflicted in the nighttime, were caused by stepping into a hole which had first been made by heavy rains, at a point where the walk was about seven feet above the street surface. The principal contention of the appellant city is that the testimony failed to establish the existence of a sidewalk in front of the Morin property, or, if there was such a walk, that it was not one for the repair or maintenance of which it was responsible in any degree. The nature of the way has been partly described. From Adams street, going westerly, the slope was gradual towards the center of the block to the highest point, and thence the descent was easy to Grove street. The surface was leveled off to a width of some eight feet, and covered with gravel, that it might be walked upon with less difficulty. Above it, from one to three feet, was the surface of the abutting premises used by Mr. Morin for residence purposes. At each end of this open way he had caused it to be brought down gradually to the street grades, and over the streets, on each side, cross-walks of plank had been put in by the authorities so as to...