Kearney v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Supreme Court of Minnesota
Appeal by defendant to the district court for Scott county from a judgment in justice court entered in favor of the plaintiff for $90 and costs. The appeal was tried before Morrison, J., and a jury, which rendered a verdict in favor of plaintiff for $19.28. From the part of the judgment consisting of costs and disbursements taxed in favor of plaintiff, defendant appealed to the supreme court.
1Opinion of the CourtBrown, J.
This action was brought in justice court, where plaintiff had judgment for $90 and costs. Defendant appealed to the district court upon questions of both law and fact. On the trial in that court plaintiff had a verdict for $49.28. Plaintiff gave notice of taxation of costs and disbursements, to which defendant objecte'd, on the ground that the recovery had before the justice was, in the district court, reduced! one-half; it being insisted that $4.28 of the verdict represented interest on the damages awarded, and that plaintiff was not, therefore, entitled to either costs or disbursements. The…
2Cases cited2 opinions
- Richardson v. RogersSupreme Court of Minnesota · 1887
- Mielke v. NelsonSupreme Court of Minnesota · 1900
3Cited by1 opinion
- Cox v. SeloverSupreme Court of Minnesota · 1929