Legal Opinion

Dewey v. Leonard

Supreme Court of Minnesota

Decided January 15, 1869PublishedCited by 12 opinions

Tbe plaintiff commenced ber action in tbe District Court of Winona county, averring in ber complaint, that sbe was at tbe time tbe wrongs complained of were committed tbe owner and occupant of certain real estate in that county and tbe defendant was in tbe occupancy of certain adjacent lands; and that on the lltb of May, 1866, the defendant did “ wilfully, unlawfully, negligently and without giving any notice to plaintiff, set fire to tbe grass, straw and stubble on bis said…

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Tbe plaintiff commenced ber action in tbe District Court of Winona county, averring in ber complaint, that sbe was at tbe time tbe wrongs complained of were committed tbe owner and occupant of certain real estate in that county and tbe defendant was in tbe occupancy of certain adjacent lands; and that on the lltb of May, 1866, the defendant did “ wilfully, unlawfully, negligently and without giving any notice to plaintiff, set fire to tbe grass, straw and stubble on bis said land, which ran into, over and upon tbe land of tbe plaintiff, and burnt over and destroyed a large quantity of fence…

1Opinion of the Court

*161 By the Court

"Wilsoh, Cii. J.

The plaintiff alleges that she was on, and prior to, the first of May, 1866, and ever since has been, the owner and occupant of the south-east quarter of section seventeen, township one hundred and six, north of range ten west; “ That on the 11th day of May, 1866, the defendant, who was then in the occupancy of certain lands adjacent thereto, and situated in section twenty of the same town and range, did, willfully, unlawfully and negligently, and without giving any notice to the plaintiff, set fire to the grass, straw and stubble on his said land, which ran into,…

2Cited by12 opinions

  1. Rowell v. OlesonSupreme Court of Minnesota · 1884
  2. Brunswick-Balke Collender Co. v. BoutellSupreme Court of Minnesota · 1890
  3. Brummit v. FurnessIndiana Court of Appeals · 1891
  4. Hanley v. Board of County CommissionersSupreme Court of Minnesota · 1902
  5. Peterson v. HomanSupreme Court of Minnesota · 1890

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