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McCARTY v. VILLAGE OF NASHWAUK

No. 41974.

175 N.W.2d 144 (1970)

Florence McCARTY, Appellant, v. VILLAGE OF NASHWAUK, Respondent.

Supreme Court of Minnesota.

February 27, 1970.

Attorney(s) appearing for the Case

O'Leary, Trenti, Berger & Carey, Virginia, Helgesen, Peterson, Engberg & Spector and Avron L. Gordon, Minneapolis, for appellant.

John P. Weber, Grand Rapids, Helen Hill Blanz, Nashwauk, for respondent.

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

OPINION

ROGOSHESKE, Justice.

The question presented is whether a municipality, under Minn.St. 466.03, subds. 1 and 2, of the statutes governing tort liability of political subdivisions, is immune from liability for any and all claims for personal-injury damages resulting from its torts where (1) the injury-producing activities giving rise to such claims are covered by the Workmen's Compensation Act, and (2) the municipality has not waived its immunity by...

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