Merriman v. Bowen
Supreme Court of Minnesota
Plaintiffs brought this action in the district court for Hennepin county, to recover compensation for driving logs owned by defendant and which were intermingled with those of the plaintiffs. Defendant appeals from an order by Young, J., refusing a new trial, after a verdict for plaintiffs.
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Plaintiffs brought this action in the district court for Hennepin county, to recover compensation for driving logs owned by defendant and which were intermingled with those of the plaintiffs. Defendant appeals from an order by Young, J., refusing a new trial, after a verdict for plaintiffs. Among other defences the answer alleged that defendant furnished men to drive his own logs, that his men did more, proportionately, in driving the total mass of logs than did plaintiffs’ men, and that it was understood and agreed between plaintiffs and defendant that no charge should be made by either…
1Opinion of the Court
Gileillan, G. J.
Gen. St. 1878, c. 82, § 1, enacts: “All rivers within this state of sufficient size for floating or driving logs, timber, or lumber, and which may be used for that purpose, are hereby declared to be public highways, so far a,s to prevent obstructions to the free passage of logs, timber, or lumber down said streams, or either of them.” Section 78 of the same chapter enacts “that any person who shall desire to float to market or place of manufacture any logs or timber in any of the streams of this state, and who shall be hindered and obstructed in so doing by the logs or timber…
2Cited by5 opinions
- East Hoquiam Boom & Logging Co. v. NeesonWashington Supreme Court · 1898
- Beard v. ClarkeSupreme Court of Minnesota · 1886
- Crane Lumber Co. v. BellowsMichigan Supreme Court · 1898
- E. W. Backus Lumber Co. v. Scanlon-Gipson Lumber Co.Supreme Court of Minnesota · 1899
- O'Brien v. GlasowSupreme Court of Minnesota · 1898