Cited by
Opinions in Minnesota that cite Davies v. Land O' Lakes Racing Ass'n, 69 N.W.2d 642.
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Freedom Kerkula, Respondent,
Minn. Ct. App. 2021
And the supreme court has acknowledged that “[i]t is generally conceded that the ordinary body of water, even though it be artificial, while it does involve the risk of death or serious harm, does not constitute an unreasonable risk t hereof because even a child to some extent appreciates the risks that are connected with it.” Davies v. Land O’Lakes Racing Ass’n
- Senogles v. Carlson 902 N.W.2d 38 Minn. 2017
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Senogles v. Carlson
902 N.W.2d 38
Minn. 2017
See, e.g., Louis, d at 321-22 (deciding that the district court erred in dismissing a negligence action as a matter of law for injuries suffered by an adult in a swimming pool); Davies v. Land O’Lakes Racing Ass’n, 244 Minn. 248 , -48 (1955) (upholding the district court’s decision that declined to dismiss a negligence action as a matter of law for injuries suffered by a 5-year-old child in a catch basin for rainwater runoff).
- James Ariola as next of kin and trustee for Jack Ariola Erenberg, his son v. The City of … Minn. Ct. App. 2014
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James Ariola as next of kin and trustee for Jack Ariola Erenberg, his son v. The City of …
Minn. Ct. App. 2014
In explaining that an “artificial condition will be found if there is some type of trap or concealment,” Henry cites Davies v. Land O’Lakes Racing Ass’n, 224 Minn. 248, d at 611.
- Johnson v. Washington County 518 N.W.2d 594 Minn. 1994
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Johnson v. Washington County
518 N.W.2d 594
Minn. 1994
As this court recognized in Davies v. Land O’Lakes Racing Association, 244 Minn. 248, 255 , even under § 339, “a possessor of land will not ordinarily be held liable for injuries occurring in ordinary, natural, or artificial bodies of water that are free from traps or concealments.” (Emphasis added).
- Sirek v. State, Department of Natural Resources 496 N.W.2d 807 Minn. 1993
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Sirek v. State, Department of Natural Resources
496 N.W.2d 807
Minn. 1993
f (1965), and although there are situations in which trespassers, although required to be alert, cannot anticipate the dangers or hidden traps that await them, see, e.g., Davies v. Land O’Lakes Racing Ass’n, 244 Minn. 248, 256 , this is not such a case.
- Henry v. State 406 N.W.2d 608 Minn. Ct. App. 1987
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Henry v. State
406 N.W.2d 608
Minn. Ct. App. 1987
See Davies v. Land O'Lakes Racing Association, 244 Minn. 248, 255 , (no liability to trespassers for natural or artificial ponds in the absence of traps or concealments); Cassel v. Price, 396 So.2d 258, 264 (Fla.Dist.Ct.App.)
- Schunk v. Wieland 176 N.W.2d 119 Minn. 1970
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Schunk v. Wieland
176 N.W.2d 119
Minn. 1970
Davies v. Land O’ Lakes Racing Assn. 244 Minn. 248 , 69 N. W. (2d) 642 .
- Baldwin v. CHICAGO AND NORTHWESTERN RAILWAY CO. 171 N.W.2d 89 Minn. 1969
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Baldwin v. CHICAGO AND NORTHWESTERN RAILWAY CO.
171 N.W.2d 89
Minn. 1969
See, also, Caballero v. Litchfield Wood-Working Co. 246 Minn. 124 , 74 N. W. (2d) 404 ; Heise v. J. R. Clark Co. 245 Minn. 179 , 71 N. W. (2d) 818 ; Davies v. Land O’ Lakes Racing Assn. 244 Minn. 248 , 69 N. W. (2d) 642 ; Zuercher v. Northern Jobbing Co. 243 Minn. 166 , 66 N. W. (2d) 892 ; Nygren v. Minneapolis St.
- Hocking v. Duluth, Missabe & Iron Range Railway Co. 117 N.W.2d 304 Minn. 1962
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Hocking v. Duluth, Missabe & Iron Range Railway Co.
117 N.W.2d 304
Minn. 1962
This court also distinguished the cases of Heitman v. City of Lake City, 225 Minn. 117 , 30 N. W. (2d) 18 , and Davies v. Land O’ Lakes Racing Assn. 244 Minn. 248 , 69 N. W. (2d) 642 , by indicating that in those cases dangers were allowed to exist in areas or places where children were known to play.
- Slinker v. Wallner 103 N.W.2d 377 Minn. 1960
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Slinker v. Wallner
103 N.W.2d 377
Minn. 1960
* * * The jury could justifiably find that defendant knew, or should have known, of the frequent use of the retaining wall by children of tender years and that an occasional warning by the harbor master did not constitute the exercise of a sufficient degree of care under all the circumstances.” Similarly, in Davies v. Land O’ Lakes Racing Assn. 244 Minn. 248 , 69 N. W. (2d) 642 , the accident occurred in a place where children were known to play.
- Johnson v. Clement F. Sculley Construction Co. 95 N.W.2d 409 Minn. 1959
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Johnson v. Clement F. Sculley Construction Co.
95 N.W.2d 409
Minn. 1959
See, Davies v. Land O’ Lakes Racing Assn. 244 Minn. 248 , 69 N. W. (2d) 642 , and cases cited therein.
- Peterson Ex Rel. Peterson v. Richfield Plaza, Inc. 89 N.W.2d 712 Minn. 1958
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Peterson Ex Rel. Peterson v. Richfield Plaza, Inc.
89 N.W.2d 712
Minn. 1958
ge Benz & Sons, 224 Minn. 508 , 28 N. W. (2d) 733 ; Heitman v. City of Lake City, 225 Minn. 117 , 30 N. W. (2d) 18 ; Chase v. Luce, 239 Minn. 364 , 58 N. W. (2d) 565 ; Doren v. Northwestern Baptist Hospital Assn. 240 Minn. 181 , 60 N. W. (2d) 361 , 42 A. L. R. (2d) 921; Smith v. Otto Hendrickson Post 212, American Legion, 241 Minn. 46 , 62 N. W. (2d) 354 ; Davies v. Land O’ Lakes Racing Assn. 244 Minn. 248 , 69 N. W. (2d) 642 ; Knox v. City of Granite Falls, 245 Minn. 11 , 72 N. W. (2d) 67 ,
- Knox v. City of Granite Falls 72 N.W.2d 67 Minn. 1955
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Knox v. City of Granite Falls
72 N.W.2d 67
Minn. 1955
2 See, Davies v. Land O’ Lakes Racing Assn. 244 Minn. 248 , 69 N. W. (2d) 642 ; 32 Minn. L. Rev. 526 .