Carlton County Farmers Mutual Fire Insurance v. Foley Bros.
Supreme Court of Minnesota
Action in the district court for Carlton county by plaintiff insurance company and Samuel B. Smith against Foley Brothers, Foley Brothers, Larson & Co. and Minneapolis, St. Paul & Sault Ste.
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Action in the district court for Carlton county by plaintiff insurance company and Samuel B. Smith against Foley Brothers, Foley Brothers, Larson & Co. and Minneapolis, St. Paul & Sault Ste. Marie Railway Co., to have plaintiff company subrogated to the rights of plaintiff Smith to the extent of $3,200, the amount paid to him by plaintiff under its insurance policy; that plaintiff company have judgment against defendants for that sum and interest, and that plaintiff Smith have judgment for $11,463. The complaint alleged that certain personal and real property of plaintiff Smith was destroyed…
1Opinion of the CourtHolt, J.
Plaintiffs had a verdict against the defendants on the ground that through their negligence property belonging to one of plaintiffs and *62part thereof insured by the- other had been destroyed by fire. From an order denying a new trial the defendants appeal.
These facts appear: Plaintiff Smith, in September, 1908, was in possession of section 17, township 47 north, range 16 west, Carlton county, Minnesota, claiming to be owner thereof. Certain buildings and personal property were on the land, and were destroyed by a fire on September 3, 1908. The other plaintiff, an insurance company, paid the…
2Cases cited5 opinions
- St. Louis & San Francisco Railroad v. MaddenSupreme Court of Kansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. YonleySupreme Court of Arkansas · 1890
- Shute v. Princeton TownshipSupreme Court of Minnesota · 1894
- Cameron v. OberlinIndiana Court of Appeals · 1897
- Stevens v. Town of SandnesSupreme Court of Minnesota · 1909
3Cited by7 opinions
- Wicklund v. North Star Timber Co.Supreme Court of Minnesota · 1939
- Nashua Gummed & Coated Paper Co. v. Noyes Buick Co.Supreme Court of New Hampshire · 1945
- Long v. DisqueSupreme Court of Minnesota · 1940
- Pelowski v. J. R. Watkins Medical Co.Supreme Court of Minnesota · 1912
- Kramp v. Toledo Edison Co.Ohio Court of Appeals · 1961
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