Legal Opinion

Beard v. Clarke

Supreme Court of Minnesota

Decided June 28, 1886PublishedCited by 3 opinions

Cross appeals from an order of the district court for Stearns county, denying plaintiffs’ and defendant’s motions for a new trial, after a trial before Collins, J., a jury having been waived.

1Opinion of the CourtMitchell, J.

In the spring of 1884, the plaintiffs and defendant had a large quantity of logs in the Platte river, a tributary of the Mississippi, between Sullivan lake and Gravel’s dam. They were so intermingled that they could not be conveniently separated for the purpose of being floated to the place of market or manufacture. In addition to these, defendant had other logs in the same stream below Gravel’s dam. The court finds that the parties made a contract for a joint drive from Sullivan lake to the Mississippi. There is no conflict of evidence on this point. Both parties testify to the fact, the…

2Cases cited4 opinions

  1. Merriman v. BowenSupreme Court of Minnesota · 1885
  2. Weymouth v. Penobscot Log Driving Co.Supreme Judicial Court of Maine · 1880
  3. Foster v. CushingSupreme Judicial Court of Maine · 1852
  4. Walker v. BeanSupreme Court of Minnesota · 1886

3Cited by3 opinions

  1. Miller v. ChattertonSupreme Court of Minnesota · 1891
  2. Crane Lumber Co. v. BellowsMichigan Supreme Court · 1898
  3. O'Brien v. GlasowSupreme Court of Minnesota · 1898

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