Ott v. Great Northern Railway Co.
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for Polk county for $1,553.72 entered in favor of plaintiff, after a trial before Ives, J., and a jury. The Minnesota statute of limitations controls though the injury occurred in North Dakota, since the statute is a plea that bars the remedy.
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Appeal by defendant from a judgment of the district court for Polk county for $1,553.72 entered in favor of plaintiff, after a trial before Ives, J., and a jury. The Minnesota statute of limitations controls though the injury occurred in North Dakota, since the statute is a plea that bars the remedy. McElmoyle v. Cohen, 13 Pet. 312; Miller v. Brenhan, 68 N. Y. 83; Nonce v. Richmond, 33 Fed. 429. Under the statute of limitations the actions of tort to be brought within six years are as follows: — Trespass upon real property; taking, detaining and injuring personal property, including actions…
1Opinion of the Court
COLLINS, J.2
We had occasion in Brown v. Village, 67 Minn. 146, 69 N. W. 710, to construe Laws 1895, c. 30, relating to the statute of limitations, and in terms amendatory of G. S. 1878, c. 66, § 8 (Gr. S. 1894, § 5138, subd. 1). We there held that the legislation of 1895 did not operate as a repeal or as an amendment of subdivision 5 of section 6 of said chapter 66 (G. S. 1894, § 51361. At that time we fully understood the difficulty and doubt surrounding the question, and that no construction could be placed upon the 1895 amendment which would be altogether free from criticism. For these…
2Cases cited2 opinions
- Brown v. Village of Heron LakeSupreme Court of Minnesota · 1897
- Bryant v. American Surety Co. of New YorkSupreme Court of Minnesota · 1897
3Cited by21 opinions
- Wild v. RarigSupreme Court of Minnesota · 1975
- Winters v. City of DuluthSupreme Court of Minnesota · 1901
- American Mutual Liability Insurance v. Reed CleanersSupreme Court of Minnesota · 1963
- Schumann v. McGinnSupreme Court of Minnesota · 1976
- In Re Estate of DanielSupreme Court of Minnesota · 1940
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