Isaacson v. Minneapolis & St. Louis Railway Co.

Action for trespass upon plaintiff’s land. The damage alleged in the complaint was the trampling upon and spoiling grain growing on the land. Plaintiff had a verdict, assessing his damage at $161.50. The objections made here to the verdict are that it includes items of damage other than that specifically mentioned in the complaint *464—to wit, to grain — and that the court erred in charging the jury that they might consider other items of damage proved. The court did so charge, and as each of defendant’s requests refused by the court contained a proposition excluding such other items, the charge…