Wiltse v. City of Red Wing
Supreme Court of Minnesota
Action in the district court for Goodhue county to recover $2,312.50' for destruction of plaintiff’s dwelling house and other injury to her premises. The case was tried before Wiiliston, J., and a jury, which rendered a verdict in favor of . the plaintiff for $1,925.50. From an order granting a motion to set aside and vacate the verdict and granting a new trial, the plaintiff appealed.
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Action in the district court for Goodhue county to recover $2,312.50' for destruction of plaintiff’s dwelling house and other injury to her premises. The case was tried before Wiiliston, J., and a jury, which rendered a verdict in favor of . the plaintiff for $1,925.50. From an order granting a motion to set aside and vacate the verdict and granting a new trial, the plaintiff appealed. Reversed and cause remanded with direction to cause judgment to be entered upon the verdict. The trial court refused to grant plaintiff’s request to charge the jury as follows: The reservoir in question is…
1Opinion of the Court
START, O. J.
The plaintiff brought this action in the district court of the county of Goodhue to recover from the defendant damages which she claimed to have sustained by the escaping of some eight hundred thousand gallons of water which the defendant had stored in its reservoir on the side of a bluff above her property. The complaint alleged that the injury complained of was due directly to the negligence of the defendant in the construction and maintenance of the reservoir. " The answer put in issue the allegation of the complaint. The issues were tried by a jury, and a verdict returned for…
2Cases cited4 opinions
- August Berger v. Minneapolis Gaslight Co.Supreme Court of Minnesota · 1895
- Newman v. Home Insurance Co.Supreme Court of Minnesota · 1874
- Johnson v. WallowerSupreme Court of Minnesota · 1872
- State v. ManfordSupreme Court of Minnesota · 1906
3Cited by26 opinions
- City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
- Exner v. Sherman Power Const. Co.Court of Appeals for the Second Circuit · 1931
- Moorhead Economic Development Authority v. AndaSupreme Court of Minnesota · 2010
- Mahowald v. Minnesota Gas Co.Supreme Court of Minnesota · 1984
- Lubin v. City of Iowa CitySupreme Court of Iowa · 1964
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