Power v. Baker
U.S. Circuit Court for the District of Minnesota
The facts in. the present controversy, as disclosed by the pleadings, are as follows: In the fall of 1879 the steamer Butte, owned by the complainants herein, Power, MeGarry, Bees, Melvnight, and-Andrew M. Johnson, now deceased, tvhile on the ways at Bismarck, in a shipyard owned and managed by 0. S. Weaver and Boger S. Munger, under the firm name of C. S. Weaver & Co., the steamer mentioned having been hauled on the ways, and at the time mentioned being in the charge of the…
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The facts in. the present controversy, as disclosed by the pleadings, are as follows: In the fall of 1879 the steamer Butte, owned by the complainants herein, Power, MeGarry, Bees, Melvnight, and-Andrew M. Johnson, now deceased, tvhile on the ways at Bismarck, in a shipyard owned and managed by 0. S. Weaver and Boger S. Munger, under the firm name of C. S. Weaver & Co., the steamer mentioned having been hauled on the ways, and at the time mentioned being in the charge of the latter firm by a contract wdth the owners of the same, became loosened from her fastenings, and crushed the steamer…
1Opinion of the CourtNelson, J.
The defendants in this equity suit claim the right to make their election de melioribus damnis in the separate suits brought to recover damages for the tort. The doctrine is well established that when separate actions are brought for a joint trespass the plaintiff can recover against one or all, though others be acquitted; and if separate judgments are obtained, he may make his election to take the larger judgment or pursue the solvent party, and when made, he is concluded. This is a privilege of which he cannot be deprived. He can only have one satisfaction, hut the judgment satisfied must…
2Cases cited2 opinions
- Lovejoy v. MurraySupreme Court of the United States · 1866
- Blann v. CrocheronSupreme Court of Alabama · 1852
3Cited by5 opinions
- Rager v. Superior Coach Sales & Service of ArizonaArizona Supreme Court · 1973
- Fitzgerald v. CampbellSupreme Court of Virginia · 1921
- Gerardi v. CarlisleDistrict Court of Appeal of Florida · 1969
- Weaver v. StoneDistrict Court of Appeal of Florida · 1968
- Blackman v. SimpsonMichigan Supreme Court · 1899