Minnesota Supreme Court, 1907

Wiltse v. City of Red Wing

Wiltse v. City of Red Wing
Minnesota Supreme Court · Decided April 12, 1907
100 Minn. 548; 111 N.W. 1134; 1907 Minn. LEXIS 731 (Minnesota Reports)

Counsel

J. G. McOVwre, for appellant., F. M. Wilson, for respondent.

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Wiltse v. City of Red Wing

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1 later published case cites this decision.

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Opinion of the Court

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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.