Legal Opinion

Brakken v. Minneapolis & St. Louis Railway Co.

Supreme Court of Minnesota

Decided November 25, 1884PublishedCited by 1 opinion

Plaintiff brought this action in the district court'for Freeborn county, to recover damages for the maintenance and continuance by defendant from August 24, 1880, to July 20, 1883, of the excavation and -cut complained of in Brakken v. Minn, é St. L. By. Co., 29 Minn. 41; 31 Minn. 45, and, after a trial before Farmer, J., and a jury, had a verdict for $400 damages. Defendant appeals from an order refusing a new trial.

1Opinion of the Court

Berry, J.1

This is an action for damages accruing to plaintiff from the wrongful continuance after August 24, 1880, of the excavation *426described and complained of in a case between the same parties which came to this court upon appeal and is reported in 29 Minn. 41; 31 Minn. 45. The defendant contends that by the recovery had in the former action, upon the new trial granted by this court, the subject of the present action is res adjudicata, and a recovery therein therefore barred. Upon the appeal in the former action this court determined that “the action is not for damages for a permanent…

2Cases cited3 opinions

  1. Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
  2. State v. GarveySupreme Court of Minnesota · 1866
  3. Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883

3Cited by1 opinion

  1. Baldwin v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1886

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