Legal Opinion

Newman v. County of St. Louis

Supreme Court of Minnesota

Decided February 6, 1920No. 21,306PublishedCited by 7 opinions

Action in the district court for St. Louis county to recover-$838. From an order, Fesler, J., sustaining defendant’s demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action, plaintiff appealed.

1Opinion of the CourtHallam, J.

The complaint alleged that the defendant, county of St. Louis, while engaged in clearing, opening and improving a county road, known as the Macon road, negligently set fire to certain inflammable brush and refuse, within the road, and negligently tended the fire, and that, as a result, the fire spread to plaintiff’s land adjacent to the road, and destroyed his buildings and their contents. Defendant demurred to the complaint on the ground that it failed to state a cause of action. The trial court sustained the demurrer. Plaintiff appeals.

1. No case just like this has heretofore come to this…

2Cases cited14 opinions

  1. Snider v. City of St. PaulSupreme Court of Minnesota · 1892
  2. McClure v. City of Red WingSupreme Court of Minnesota · 1881
  3. Dosdall v. County of OlmstedSupreme Court of Minnesota · 1882
  4. Pye v. City of MankatoSupreme Court of Minnesota · 1887
  5. Altnow v. Town of SibleySupreme Court of Minnesota · 1883

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3Cited by7 opinions

  1. K. Patrick Kruchten, Marcy Kruchten, Husband and Wife, James R. Anderson, Karen S. Anderson, Husband and Wife v. United StatesCourt of Appeals for the Eighth Circuit · 1990
  2. Johnson v. County of SteeleSupreme Court of Minnesota · 1953
  3. Dynes v. Town of KilkennySupreme Court of Minnesota · 1922
  4. Bang v. Independent School District No. 27Supreme Court of Minnesota · 1929
  5. Bang v. Independent School District No. 27Supreme Court of Minnesota · 1929

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