Brennan Lumber Co. v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Pine county to recover $130,000 and interest, damages for injury to property occasioned by fire alleged to have been set by defendant’s engine. The case was tried before Crosby, J., and a jury, which rendered a verdict in favor of plaintiff for $57,535.62. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Dissent
BROWN and LEWIS, .1.1.
(dissenting).
We agree with our brethren that there is not sufficient evidence to justify a finding that the fire alleged to have been set and started by defendant spread to the premises of plaintiff, and caused the damage complained of, and for this reason a new trial should be *214granted. But we cannot subscribe to the conclusion that final judgment should be ordered for defendant. The action is one to recover damages for injury to plaintiff’s property caused by a fire alleged to have been negligently set and started by defendant, and one for trial by a jury. In our…
2Cases cited3 opinions
- Cruikshank v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1899
- Kreatz v. St. Cloud School DistrictSupreme Court of Minnesota · 1900
- Wilcox v. LandbergSupreme Court of Minnesota · 1882