Mailand v. Mailand
Supreme Court of Minnesota
Action in the district court for Fillmore county to recover $3,000 damages for assault. The case was tried before Kingsley, J., and a jury, which rendered a verdict in favor of plaintiff for $2,100. From an order denying a motion for a new trial, defendant appealed.
1Opinion of the CourtBrown, J.
This action was brought to recover damages for personal injuries alleged to have been received by plaintiff from violence at the hands of defendant. Plaintiff had a verdict in the court below, and defendant appeals from an order denying a new trial.
The parties to the action are brothers. At the time of the occurrence resulting in plaintiff’s injury, they became involved in a quarrel and dispute concerning' some family affairs. Both were very much excited and angry, and in a measure intoxicated; and plaintiff claims that, without cause or provocation, defendant assaulted him, and inflicted…
2Cases cited3 opinions
- Toledo Wabash, & Western Railway Co. v. ShuckmanIndiana Supreme Court · 1875
- McCormick v. KellySupreme Court of Minnesota · 1881
- Gorstz v. PinskeSupreme Court of Minnesota · 1901
3Cited by11 opinions
- Cameron v. EvansSupreme Court of Minnesota · 1954
- Zurko v. GilquistSupreme Court of Minnesota · 1954
- Howell v. WintersWashington Supreme Court · 1910
- Lieberman v. KorshSupreme Court of Minnesota · 1962
- Duluth Street Railway Co. v. Fidelity & Deposit Co.Supreme Court of Minnesota · 1917
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