Zacharias v. Nesbitt
Supreme Court of Minnesota
Two actions in the district court for Hennepin county, one to recover $34,800 and the other to recover $7,450 for injuries received from a falling tree.
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Two actions in the district court for Hennepin county, one to recover $34,800 and the other to recover $7,450 for injuries received from a falling tree. Defendant’s demurrer to the amended complaint in the Zaeharias case was overruled by Steele, J. The cases were tried together before Waite, J., who when plaintiff rested at the close of the testimony denied defendant’s motion for a directed verdict in each case, and a jury which returned a verdict for $3,350 and $900, respectively. From orders denying his motions for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtHolt, J.
During a windy April day a tree standing on defendant’s land, but within the limits of a public highway in Hennepin county, fell across *370the traveled part of the highway, injuring severely two young men who then happened to drive past in an automobile. Each sued defendant. The actions were tried as one. Separate verdicts of substantial amounts were given the plaintiffs. Defendant appeals from the order denying his motion in the alternative for judgment notwithstanding the verdicts or a new trial.
South of defendant’s land the Shakopee road runs east and west, and on the cast thereof is the…
2Cases cited13 opinions
- Jones v. City of New HavenSupreme Court of Connecticut · 1867
- Noonan v. City of StillwaterSupreme Court of Minnesota · 1885
- Hewison v. City of New HavenSupreme Court of Connecticut · 1871
- Weller v. McCormickSupreme Court of New Jersey · 1890
- Altnow v. Town of SibleySupreme Court of Minnesota · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Albin v. National Bank of CommerceWashington Supreme Court · 1962
- Brown v. Milwaukee Terminal Railway Co.Wisconsin Supreme Court · 1929
- Hay v. Norwalk Lodge, B.P.O.E.Ohio Court of Appeals · 1951
- Hensley v. Montgomery CountyCourt of Special Appeals of Maryland · 1975
- Taylor v. OlsenOregon Supreme Court · 1978
8 more not listed; retrieve them via the Exa API.