Sanborn v. People's Ice Co.
Supreme Court of Minnesota
Appeal by plaintiff from an order of tbe district court for Bamsey county, Brill, J., sustaining a demurrer to tbe complaint. Tbe maxim “de minimis non curat lex” is never applied to tbe positive and wrongful invasion of property. Seneca v. Auburn, 5 Hill, 170. In an action on tbe case tbe degree of damage is wholly immaterial, and it is always enough that there is a plain violation of right and a possibility of damages.
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Appeal by plaintiff from an order of tbe district court for Bamsey county, Brill, J., sustaining a demurrer to tbe complaint. Tbe maxim “de minimis non curat lex” is never applied to tbe positive and wrongful invasion of property. Seneca v. Auburn, 5 Hill, 170. In an action on tbe case tbe degree of damage is wholly immaterial, and it is always enough that there is a plain violation of right and a possibility of damages. Tbe cutting and removing of ice to tbe extent of seventy-five thousand tons per annum was for commercial purposes, and for private gain and profit. If such an appropriation…
1Opinion of the CourtLewis, J.
The complaint in this action alleges, in substance, that the plaintiff now and for twelve years has been the owner of, and in possession of, certain real estate bordering on White Bear lake, in the village of White Bear, Ramsey county, Minnesota; that the shore line of said premises along the lake is one hundred seventy-five feet; that plaintiff has made certain improvements thereon, consisting of a dwelling house, a stable, outhouses, etc., of the value of $10,000, and that the value thereof consists mainly in the con*49nection of the premises with the waters of the lake. It is further alleged…
2Cases cited3 opinions
- Potter v. HoweMassachusetts Supreme Judicial Court · 1886
- Minneapolis Mill Co. v. Board of Water Com'rsSupreme Court of Minnesota · 1894
- Kimberly & Clark Co. v. HewittWisconsin Supreme Court · 1891
3Cited by16 opinions
- Thompson v. EnzMichigan Supreme Court · 1967
- Johnson v. SeifertSupreme Court of Minnesota · 1960
- State ex rel. Dawson v. AkersSupreme Court of Kansas · 1914
- Bossmiller v. StateWisconsin Supreme Court · 1902
- State v. MallorySupreme Court of Arkansas · 1904
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