Ferman v. Lombard Investment Co.
Supreme Court of Minnesota
Appeal by defendant the Lombard Investment Company, from an order of the District Court of Hennepin County,' Thomas Canty, J., made June 27, 1893, refusing its application for a new trial. 'The plaintiff, John Ferman, owned the brick building, No. 320 Cedar Avenue, Minneapolis, and carried on a bakery there. It was twenty two feet wide by seventy five feet deep and three stories high.
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Appeal by defendant the Lombard Investment Company, from an order of the District Court of Hennepin County,' Thomas Canty, J., made June 27, 1893, refusing its application for a new trial. 'The plaintiff, John Ferman, owned the brick building, No. 320 Cedar Avenue, Minneapolis, and carried on a bakery there. It was twenty two feet wide by seventy five feet deep and three stories high. The defendant had the control and management of the adjacent building, Nos. 322 and 324, two stories high and six inches away from the wall of plaintiff’s building. The complaint charged, that from February 27,…
1Opinion of the CourtGileillan, C. J.
The objection made to testimony, or rather the motion to strike out testimony, was on the ground that the defendant could not, under the evidence, be liable for the injury to plaintiff’s property. The consideration of the question of defendant’s liability will determine the question of the propriety of the testimony.
The defendant’s liability depends on whether it had such possession of the premises as to be responsible for the continuance, after notice, of the nuisance created by Clementson, the owner and mortgagor, at the time he constructed the building. In other words, was its relation to…
2Cases cited2 opinions
- Rogers v. BentonSupreme Court of Minnesota · 1888
- C. C. Washburn Flouring Mills Co. v. Minneapolis & St. Louis Ry. Co.Supreme Court of Minnesota · 1894
3Cited by9 opinions
- Fortmeyer v. National Biscuit Co.Supreme Court of Minnesota · 1911
- Zisman Exr. v. Duquesne CitySuperior Court of Pennsylvania · 1940
- Mortimer v. East Side Savings BankAppellate Division of the Supreme Court of the State of New York · 1937
- Sansotta v. PittsburghSupreme Court of Pennsylvania · 1938
- Citizens State Bank v. E. A. Tessman & Co.Supreme Court of Minnesota · 1913
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