15,074—(29)
Precedential
Reversed.
Processed
Wiltse v. City of Red Wing
Cited by
- Bridgeman-Russell Co. v. City of Duluth 197 N.W. 971 Minn. 1924
- Ehrhardt v. Wells 158 N.W. 721 Minn. 1916
- Roemer v. Jacob Schmidt Brewing Co. 157 N.W. 640 Minn. 1916
- Noonan v. Spear 147 N.W. 654 Minn. 1914
Authorities cited
Identified automatically; this list may not be exhaustive.
- Wiltse v. City of Red Wing 99 Minn. 255
- Gould v. Winona Gas Co. 111 N.W. 254
- August Berger v. Minneapolis Gaslight Co. 60 Minn. 296
Opinion text
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.