Todd v. Minneapolis & St. Louis Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Free-born county, Farmer, J., presiding, denying its motion to require the complaint to be made more definite and certain.
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Appeal by defendant from an order of the district court for Free-born county, Farmer, J., presiding, denying its motion to require the complaint to be made more definite and certain. The complaint alleges, in substance, that prior to October 1,1878, the defendant laid out certain warehouse lots on its station grounds,, in the city of Albert Lea, Minnesota, and offered to lease them; that, as an inducement to buyers and shippers of grain to take these lots,, defendant, prior to that date, had laid out and dedicated and graded a street from said lots over and across its tracks and station…
1Opinion of the CourtMitchell, J.
This case is controlled by that, of Lee v. Minn. & St. Louis Ry. Co., 34 Minn. 225, (25 N. W. Rep. 399.) The uncertainty or indefiniteness complained of is not as to what the complaint alleges, but as to what particular evidence the plaintiffs may produce to support it. The allegations as to the acts of the defendant railway constituting plaintiffs’ cause of action are not claimed to be either uncertain or indefinite, but what defendant asks is that the plaintiffs be required to plead the'names of the particular officers or agents, claimed to have done or committed these acts, so that it may…
2Cases cited1 opinion
- Lee v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1885
3Cited by12 opinions
- Bowers v. SchulerSupreme Court of Minnesota · 1893
- Swift & Co. v. BleiseNebraska Supreme Court · 1902
- Ft. Smith W. R. Co. v. KetisSupreme Court of Oklahoma · 1910
- Johnson v. Great Northern Railway Co.North Dakota Supreme Court · 1903
- Liston v. NailSupreme Court of Oklahoma · 1917
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