Klenk v. Town of Walnut Lake
Supreme Court of Minnesota
Appeal by plaintiff, Fred Klenk, from an order of the District Court of Faribault County, Severance, J., made March 7,1892, granting the defendants a new trial.
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Appeal by plaintiff, Fred Klenk, from an order of the District Court of Faribault County, Severance, J., made March 7,1892, granting the defendants a new trial. Defendant William E. Haskins and two others, were on July 15, 1889, the supervisors of the town of Walnut Lake in Faribault county, and on that day they entered upon plaintiff’s land and opened a way through the fence he had built in the spring on his west line, and drove across the southwest corner of his farm, to the road on his south line. He brought this suit against them and the town, to recover damages for the trespass. They…
1Opinion of the CourtGileillan, C. J.
The personal defendants in this case are sued for removing a fence on the land of plaintiff. Their justification is that the fence had been constructed by plaintiff across a highway, and that they, as supervisors of the town, removed it so far as it obstructed the highway. The only question is, was there a highway ? There was a verdict for plaintiff, which the court set aside. The court was right in this, though perhaps not upon the reasons it assigned. The motion for a new trial was on the grounds that the verdict was against evidence, and for errors of law occurring at the trial.
There was,…
2Cases cited2 opinions
- Wilder v. City of Saint PaulSupreme Court of Minnesota · 1866
- Case v. FavierSupreme Court of Minnesota · 1866
3Cited by13 opinions
- Bosell v. RannestadSupreme Court of Minnesota · 1948
- Carpenter v. GantzerSupreme Court of Minnesota · 1925
- Security Federal Savings & Loan Ass'n v. C & C Investments, Inc.Court of Appeals of Minnesota · 1989
- Hurley v. City of West St. PaulSupreme Court of Minnesota · 1901
- Allen v. Village of SavageSupreme Court of Minnesota · 1961
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