Legal Opinion

McLaughlin v. Cloquet Tie & Post Co.

Supreme Court of Minnesota

Decided November 29, 1912No. Nos. 17,834—(100)PublishedCited by 12 opinions

Action in the district court for St. Louis county to recover $1,305 for the destruction of certain pulp-wood, fencing and standing timber.

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Action in the district court for St. Louis county to recover $1,305 for the destruction of certain pulp-wood, fencing and standing timber. The case was tried before Cant, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict in favor of plaintiff for $740. Defendant’s motion for judgment notwithstanding the verdict was denied and its motion for a new trial was granted, unless plaintiff consented to a reduction of the verdict to $500. From the judgment, entered after such consent had been given, defendant appealed.

1Opinion of the CourtStart, C. J.

This action was brought in the district court of the county of St. Louis to recover damages in the sum of $1,000, alleged to have been sustained by the plaintiff by the negligence of the defendant, by its employee, in negligently starting and leaving a fire which burnt and destroyed certain pulp-wood, poles, and standing timber on the plaintiff’s land. The defense was in effect a denial of the allegations of the complaint. A verdict was returned for the plaintiff for $740. The defendant made an alternative motion for judgment in its favor notwithstanding the verdict, or a new trial, in case…

2Cases cited7 opinions

  1. Morier v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
  2. Slater v. Advance Thresher Co.Supreme Court of Minnesota · 1906
  3. Smith v. MunchSupreme Court of Minnesota · 1896
  4. Barrett v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1908
  5. Mulvehill v. BatesSupreme Court of Minnesota · 1884

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Ploetz v. HoltSupreme Court of Minnesota · 1913
  2. Adams v. Southern Bell Telephone & Telegraph Co.Court of Appeals for the Fourth Circuit · 1924
  3. Robertson v. Virginia Electric & Power Co.Supreme Court of North Carolina · 1933
  4. Hentges v. ThomfordCourt of Appeals of Minnesota · 1997
  5. Burnham v. Elk Laundry Co.Supreme Court of Minnesota · 1913

7 more not listed; retrieve them via the Exa API.

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