Wacker v. Mertz
North Dakota Supreme Court
Appeal from judgment for plaintiff, District Court, Sheridan County, Nuessle, J. In order to recover under § 10,050, Comp. Laws 1913, it is necessary that the plaintiff show that he is the owner of the property, and such owner at the time of its destruction. Comp. Laws 1913, § 10,050; Scott v. Trebilcock, 21 S. D. 333, 112 N. W. 847; Bracher v. Shelby Iron Co. 144 Ala. 659, 40 So. 80; Noons v. Swartz, 47 Pa. Super.
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Appeal from judgment for plaintiff, District Court, Sheridan County, Nuessle, J. In order to recover under § 10,050, Comp. Laws 1913, it is necessary that the plaintiff show that he is the owner of the property, and such owner at the time of its destruction. Comp. Laws 1913, § 10,050; Scott v. Trebilcock, 21 S. D. 333, 112 N. W. 847; Bracher v. Shelby Iron Co. 144 Ala. 659, 40 So. 80; Noons v. Swartz, 47 Pa. Super. Ct. 217. The measure of damages done to property is the market value at the time and place of the injury. In the case at bar there was no evidence of the market value. Slattery v.…
1Opinion of the CourtBronson, J.
This is an action to recover treble damages under § 10,050, Comp. Laws 1913, for maliciously setting fire to the separator of the plaintiff. In the district court of Sheridan county a verdict for $4,200 was returned for the plaintiff. Prom the judgment rendered thereupon the defendant appeals.
On September 4, 1915, the separator of the plaintiff, while standing in a grain field, was destroyed by fire. Shortly prior to that time, the plaintiff had purchased such machine and had used it for about eight days in threshing operations. There is evidence in the record that one John Weltz, who was in…
2Cases cited7 opinions
- Richards v. SandersonSupreme Court of Colorado · 1907
- Jensen v. South Dakota Cent Ry. Co.South Dakota Supreme Court · 1910
- State v. MinorNorth Dakota Supreme Court · 1908
- Memphis & Little Rock Railroad v. CarlleySupreme Court of Arkansas · 1882
- Chicago, Kansas & Western Railroad v. WatkinsSupreme Court of Kansas · 1890
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3Cited by1 opinion
- Haider v. MoenNorth Dakota Supreme Court · 2018