Landru v. Lund

Supreme Court of Minnesota

Landru v. Lund

38 N.W. 699, 38 Minn. 538, 1888 Minn. LEXIS 462

CourtSupreme Court of Minnesota

DecidedJune 15, 1888

StatusPublished

Cited by9 cases

This text of 38 N.W. 699 (Landru v. Lund) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Landru v. Lund, 38 N.W. 699, 38 Minn. 538, 1888 Minn. LEXIS 462 (Mich. 1888).

Pincite

Opinion

Vanderburgh, J.

The complaint states a cause of action, and is. sufficient upon demurrer. It sufficiently appears thereby that the-accident complained of is attributable to defendant’s neglect. Conceding that the private passage-way into the defendant’s cellar, and which was used by him, and under his control, was within the limits, of the street, and that the duty of keeping the street in repair and safe for travel rested on the village, yet the defendant would also be-liable for his own tortious or negligent acts in maintaining the same in an unsafe condition, so as to be dangerous to persons travelling on the street, and using due care. Suit may be brought against both or either in such cases. Davenport v. Ruckman, 37 N. Y. 568, 574;. City of Boston v. Worthington, 10 Gray, 496; Burt v. City of Boston, 122 Mass. 223; Calder v. Smalley, 66 Iowa, 219, (23 N W. Rep. 638.)

Order affirmed.

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Vanderburgh, J.

The complaint states a cause of action, and is. sufficient upon demurrer. It sufficiently appears thereby that the-accident complained of is attributable to defendant’s neglect. Conceding that the private passage-way into the defendant’s cellar, and which was used by him, and under his control, was within the limits, of the street, and that the duty of keeping the street in repair and safe for travel rested on the village, yet the defendant would also be-liable for his own tortious or negligent acts in maintaining the same in an unsafe condition, so as to be dangerous to persons travelling on the street, and using due care. Suit may be brought against both or either in such cases. Davenport v. Ruckman, 37 N. Y. 568, 574;. City of Boston v. Worthington, 10 Gray, 496; Burt v. City of Boston, 122 Mass. 223; Calder v. Smalley, 66 Iowa, 219, (23 N W. Rep. 638.)

Order affirmed.

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Bluebook (online)

38 N.W. 699, 38 Minn. 538, 1888 Minn. LEXIS 462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landru-v-lund-minn-1888.

Opinion

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