The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-19
CITY HELD NOT AT FAULT
SUPREME COURT DECISION IN
DEHANITZ'S DAMAGE SUIT
city Not to Blame for the Death of
the Girl who Was Drowned Mt
the Garbage Dump at the Foot of
James Street-CIerI of Court
Held Liable for a Costly Blum
der.

In an opinion written by Judge Buck,
the supreme court yesterday reversed
the order of Judge Willis, of the Ram
sey county district court, in the case
Of Frank Dehanitz as administrator
against the city of st. Paul. The case
was brought by Dehanitz to secure
damages from the city for the acct
dental drowning of his daughter. a
girl hfteen years of age, who sIipped
through crust which had formed over
a slough on the West Seventh street
mats, and was drowned
The city of ST. Paul demurred RI III
complaint on the grounds that if did
not state facts sufficient to constitute
d cause Tor action, and appealed from
the mandate OF the lower. court
turing high water in the spring the
river banks overlooked and filed M a
slough at the foot of James street. The
1anu upon winch the slough is situated
was platted twenty years ago as
street. but never graded or opened fer
traVei. Of late years the city has used
~ as public dump for garbage. The
carnage formed a thin crust upon
winch weeds and other vegetation
grew, giving it the same appearances as
zig auIacent property. 1t was on this
siouhc that the plaintiff based the ac-
ION Tor damages. He also claimed
tnat a path led from James street to
Inc SiougH' and that the city was La
PIE Tor the death of his ward. as the
PAIN was generally used as a DubIIc
hlshWay. The supreme court. however
says the street was annually a deep
be highway nv
Inc court, upon commenting upon
the qeath of the girl, said however
sau eEe circumstances might have lean
the city was not liable for her death .
II extended no invitation for her to
cross the swamp
Nh. Inc syllabus is as follows:
FRANK Dehanitz as administrator etc re-
sSP93,naehta VS. City of st, Paul, appellant
G. syI,abus-Within the limits of the citv Of
81. Paai ARD between the bank OF the Mis-
ter or mile in length which during himb
water, nils with water and has no outIet
k hepe Is p an edition to ST. Paul known as
Ciudes this slough. The streets of this ad
dit:on were dedica ed to the public. but never
t .S .ne CITY opened, kept or used as such. al
this Ss siou .ne c tract Is an open common IN
across ana Is contiguous to James street.
10 r9r iong time the city of St. Paul has
u use .Eis hollow basin as place for dump
Ins garbage and manure. and during hish
water 1t floats upon the water and forms a
crust upon which grows vegetation similar to
taat upon the surrounding land The plain
tins interstate D. girl of ten years old left
James street, upon which she had been
travelling and either for convenience or
pleasure. attempted to cross over this crust
on her way to packing house. one fourth
OF a mile distant. when the crust broke and
she was precipitated into the water and
drowned.
From the facts 1t did rot appear that the
public had ever travelled over this dumping
ground or used it as open common
Held that the city owed no duty of pro-
lection or warning in respect to DIS going
upon this dumping ground, or crust. rs
traveller, and hence was not liable in dam
ages for her death. Order reverted
Buck j.