Laing v. Nelson
Supreme Court of Minnesota
Appeal by defendant from an order of the municipal court of Min-neapolis, refusing a new trial upon the plaintiff consenting that the ■verdict of $50 in his favor be reduced to $35.
1Opinion of the CourtVanderburgh, J.
The evidence tends to show that the plaintiff, .a drayman, was loading furniture upon .his wagon in the street, and that defendant, who was driving rapidly, ran against the horse of the former, and caused his wagon to be overturned and the furniture injured. The jury were warranted in finding that the plaintiff was lawfully in possession of the goods, and that the injury was caused by the wrongful act of the defendant, which amounted to a trespass. .As against a mere wrong-doer, the plaintiff’s possession was sufficient to entitle him to maintain the action. Edw. Bailm. § 37; Orser v. Storms,…
2Cases cited1 opinion
- Chamberlain v. WestSupreme Court of Minnesota · 1887
3Cited by4 opinions
- Brown v. ShawSupreme Court of Minnesota · 1892
- Grinnell-Collins Co. v. Illinois Central RailroadSupreme Court of Minnesota · 1910
- Parks v. FoglemanSupreme Court of Minnesota · 1906
- Bank of California National Ass'n v. Mortgage Co.Washington Supreme Court · 1918