Warren v. Westrup
Supreme Court of Minnesota
Action for assault and battery, brought in the district court for McLeod county against defendants John and Joseph Westrup, Stephen and Conrad Fink, Frank .Klaus, and Joseph Otto.
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Action for assault and battery, brought in the district court for McLeod county against defendants John and Joseph Westrup, Stephen and Conrad Fink, Frank .Klaus, and Joseph Otto. At the trial before Edson, J., the action was dismissed as to all the defendants except Joseph Westrup and Conrad Fink, and the jury returned the following verdict: “We the jury in the above entitled action find for the plaintiff and against defendants Joseph Westrup $550 and Conrad Fink $150, and assess the plaintiff’s damages at the sum of total $700.” Plaintiff’s counsel thereupon, in open court, with consent of…
1Opinion of the Court
Collins, J.1
From the order made by the trial court, whereby it set aside the verdict herein, it appears that in an action brought against several persons to recover damages for an assault and battery the jury returned a verdict in plaintiff’s favor against two, but undertook to apportion the amount thereof by assessing about four-fifths of the total against respondent, Westrup, and the remainder against a co-defendant, Fink. As against the latter, plaintiff dismissed his action and remitted the verdict immediately upon its rendition. Thereupon the respondent moved the court to set aside and…
2Cases cited9 opinions
- Holley v. MixNew York Supreme Court · 1829
- Bailey v. BussingSupreme Court of Connecticut · 1859
- Beal v. . FinchNew York Court of Appeals · 1854
- Churchill v. HoltMassachusetts Supreme Judicial Court · 1881
- Miller v. FentonNew York Court of Chancery · 1844
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3Cited by16 opinions
- Gronquist v. OlsonSupreme Court of Minnesota · 1954
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- Sousa v. CaseySupreme Court of Rhode Island · 1973
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