Pevey v. Schulenburg & Boeckeler Lumber Co.
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Washington county, alleging a contract between himself and defendant by which he was to do certain towing, and seeking to recover (1) the value of his services lost through defendant’s negligence and delay, (2) the cost of refitting rafts, (3) the amount unpaid for the towage of the 5,080,110 feet of logs mentioned in the opinion, (4) damages for defendant’s preventing him from towing under the contract certain rafts of…
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Plaintiff brought this action in the district court for Washington county, alleging a contract between himself and defendant by which he was to do certain towing, and seeking to recover (1) the value of his services lost through defendant’s negligence and delay, (2) the cost of refitting rafts, (3) the amount unpaid for the towage of the 5,080,110 feet of logs mentioned in the opinion, (4) damages for defendant’s preventing him from towing under the contract certain rafts of defendant, and (5) for extra services in stopping and securing certain rafts. The action was tried before McCluer, J.,…
1Opinion of the CourtDickinson, J.
The plaintiff, who was the owner and master of a *46steam-boat, made a verbal contract with the defendant in June, 1883, at Stillwater, for the towage of logs in rafts by him, for the defendant, from Beef slough, at the mouth of the Chippewa river, to a point below on the Mississippi river, called New Boston bay, for the agreed price of $1.50 per thousand feet. The questions first to be considered relate to a controversy as to the amount of logs towed, and as to the manner of scaling the logs for the purpose of computing that amount. Both parties are to be regarded as conceding that the term “a…
2Cases cited4 opinions
- Adams v. OtterbackSupreme Court of the United States · 1854
- Glaspie v. GlassowSupreme Court of Minnesota · 1881
- Janney v. BoydSupreme Court of Minnesota · 1883
- Porter v. HillsMassachusetts Supreme Judicial Court · 1873
3Cited by5 opinions
- Martin v. Northern Pacific Ry. Co.Montana Supreme Court · 1915
- Silberstein v. Duluth News-Tribune Co.Supreme Court of Minnesota · 1897
- Dunn v. BartonSupreme Court of Minnesota · 1889
- Prudoehl v. RandallSupreme Court of Minnesota · 1909
- Thompson v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1886