Pierce v. Wagner
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Kam-sey county, Brill, J., presiding, refusing a new trial, if plaintiff should consent to reduce the verdict to $500, and which was done.
1Opinion of the CourtDicKinson, J.
Action for nuisance, consisting in the erection and maintenance of a privy and stable upon premises adjacent to the *356dwelling-house where plaintiff resided with his family. The alleged nuisance had been maintained two months when the action-was commenced. The jury assessed damages in favor of plaintiff at $800.
Upon the trial, evidence was given tending to prove that the wife and several children of the plaintiff, comprising his family, were made sick by the nuisance complained of. This fact was set forth in general terms in the complaint. Upon a motion for a new trial, the court, basing its…
2Cases cited2 opinions
- Ellis v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1876
- Kearney v. FarrellSupreme Court of Connecticut · 1859
3Cited by26 opinions
- Daniel v. Fort Worth & Rio Grande Railway Co.Texas Supreme Court · 1903
- Swift v. BroylesSupreme Court of Georgia · 1902
- August Berger v. Minneapolis Gaslight Co.Supreme Court of Minnesota · 1895
- Riblet v. Spokane-Portland Cement Co.Washington Supreme Court · 1954
- United States Smelting Co. v. SisamCourt of Appeals for the Eighth Circuit · 1911
21 more not listed; retrieve them via the Exa API.