Shute v. Princeton Township
Supreme Court of Minnesota
Appeal by plaintiffs, A. B. Shute and A. A. Shute, from an order of the District Court of Mille Lacs County, L. L. Baxter, J., made March 3, 1894, denying their motion for a new trial. The supervisors of Princeton Township in Mille Lacs County made a contract August 27,1889, with August Pinz by which he agreed for $40 to burn the brush and grade about forty rods of a new highway adjoining the farm of the plaintiffs.
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Appeal by plaintiffs, A. B. Shute and A. A. Shute, from an order of the District Court of Mille Lacs County, L. L. Baxter, J., made March 3, 1894, denying their motion for a new trial. The supervisors of Princeton Township in Mille Lacs County made a contract August 27,1889, with August Pinz by which he agreed for $40 to burn the brush and grade about forty rods of a new highway adjoining the farm of the plaintiffs. He hired one of the hoard to work for him hy the day on the job. While thus at work as a servant of Pinz he set fire to some brush in the highway and burned it up. The job was…
1Opinion of the CourtCollins, J.
For the purposes of this opinion, it may be assumed that on the trial below it was clearly shown that, when letting the contract to Pinz for the repairing of the highway, the supervisors of defendant town required of the contractor that certain brush which had previously been cut and piled up in the way be destroyed by Are, and also that, through negligence, it was this Are which escaped and consumed plaintiffs’ property. But, with this assumption, it does not follow that the town can be held liable in damages. The loss sustained by plaintiffs was not on account of the act required of Pinz by…
2Cases cited4 opinions
- Heinbokel v. National Savings, Loan & Bldg. Ass'nSupreme Court of Minnesota · 1894
- Peters v. Town of Fergus FallsSupreme Court of Minnesota · 1886
- Dewey v. LeonardSupreme Court of Minnesota · 1869
- Day v. H. C. Akeley Lumber Co.Supreme Court of Minnesota · 1893
3Cited by8 opinions
- Young v. Fosburg Lumber Co.Supreme Court of North Carolina · 1908
- Heinbokel v. National Savings, Loan & Bldg. Ass'nSupreme Court of Minnesota · 1894
- Solberg v. SchlosserNorth Dakota Supreme Court · 1910
- Rogers v. ParkerMichigan Supreme Court · 1909
- Carlton County Farmers Mutual Fire Insurance v. Foley Bros.Supreme Court of Minnesota · 1912
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