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LOCKWAY v. PROULX

No. 41382.

166 N.W.2d 79 (1969)

Kenneth LOCKWAY, Respondent, v. Conrad PROULX, Defendant, City of St. Paul, Appellant.

Supreme Court of Minnesota.

March 7, 1969.

Attorney(s) appearing for the Case

Joseph P. Summers, City Atty., Thomas J. Stearns, Asst. City Atty., St. Paul, for appellant.

T. Peterson, Bell & Converse, St. Paul, for respondent, Lockway.

Walter C. Gustafson, Minneapolis, David W. Nord, St. Paul, for defendant, Proulx.

Heard before KNUTSON, C. J., and MURPHY, ROGOSHESKE, SHERAN, and PETERSON, JJ.

OPINION

MURPHY, Justice.

The city of St. Paul appeals from a judgment for damages sustained by plaintiff, Kenneth Lockway, when he slipped and fell on an icy sidewalk. The issue before us is limited to the question of whether, under the provisions of Minn.St. 466.03, subd. 4, the term "highway" includes a public sidewalk so as to preclude liability of the city. Neither the issue of negligence nor the liability...

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