Wiltse v. City of Red Wing

Supreme Court of Minnesota

Wiltse v. City of Red Wing

111 N.W. 1134, 100 Minn. 548, 1907 Minn. LEXIS 731

CourtSupreme Court of Minnesota

DecidedApril 12, 1907

DocketNos. 15,074—(29)

StatusPublished

Cited by1 cases

This text of 111 N.W. 1134 (Wiltse v. City of Red Wing) 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

Wiltse v. City of Red Wing, 111 N.W. 1134, 100 Minn. 548, 1907 Minn. LEXIS 731 (Mich. 1907).

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Opinion

PER CURIAM.

This ease is controlled by Wiltse v. City of Red Wing, 99 Minn. 255, 109 N. W. 114. The facts are identical. It is true that in Gould v. Winona Gas Company, supra, page 258, 111 N. W. 254, this court held that the doctrine of res ipsa loquitur applied to damage caused by .the escape of gas from mains laid in the public street. That case did not overrule or,disturb the holding of this court in Berger v. Minneapolis Gaslight Co., 60 Minn. 296, 62 N. W. 336. No new consideration, accordingly, is here presented which was not involved in the previous case.

The order of the district court, refusing to grant a new trial, is reversed.

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PER CURIAM.

This ease is controlled by Wiltse v. City of Red Wing, 99 Minn. 255, 109 N. W. 114. The facts are identical. It is true that in Gould v. Winona Gas Company, supra, page 258, 111 N. W. 254, this court held that the doctrine of res ipsa loquitur applied to damage caused by .the escape of gas from mains laid in the public street. That case did not overrule or,disturb the holding of this court in Berger v. Minneapolis Gaslight Co., 60 Minn. 296, 62 N. W. 336. No new consideration, accordingly, is here presented which was not involved in the previous case.

The order of the district court, refusing to grant a new trial, is reversed.

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111 N.W. 1134, 100 Minn. 548, 1907 Minn. LEXIS 731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiltse-v-city-of-red-wing-minn-1907.

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