Hinz v. Northland Milk & Ice Cream Co.

Matson, Justice.

Appeal from an order denying defendant’s motion to open a default judgment.

Plaintiff brought an action in the Minneapolis municipal court to recover damages for the negligent killing of his Chesapeake dog by one of defendant’s trucks. The summons and complaint, which were served on December 17, 1951, were forwarded by defendant to its insurer on December 20, 1951. The insurer mislaid the papers, with the result that they were not forwarded to the attorneys for answering until December 29, 1951, when defendant was already in default.

On December 29, plaintiff filed an affidavit…