Seeman v. Feeney
Supreme Court of Minnesota
The defendant appeals from a judgment of the district court for Olmsted county. The action was in the nature of trespass de bonis asportatis, and as the only question discussed in this court, is as to whether the court below erred in its instruction to the jury in regard to the measure of damages, and such instruction is given at length in the opinion, further statement is unnecessary.
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The defendant appeals from a judgment of the district court for Olmsted county. The action was in the nature of trespass de bonis asportatis, and as the only question discussed in this court, is as to whether the court below erred in its instruction to the jury in regard to the measure of damages, and such instruction is given at length in the opinion, further statement is unnecessary. Houghton vs. Carpenter, 40 Vt. 588; 1 Chitty’s Pleadings, (marginal page,) 166; Sedgwick on Damages, p. 39; Lynd vs. Picket et al. 7 Minn. 200; Phila. W. & B. R. R. v. Quigley, 21 Howard (U. S.) 202; Devins vs.…
1Opinion of the Court
By the Court.
Ripley, Ch. J.
This is an action in the nature of an action of trespass de bonis asportatis. The plaintiff’s complaint is, in brief, that the defendant “ wrongfully, forcibly, and against the will of the plaintiff',” took from his possession a horse, “ then and there the property of the plaintiff,” of the value of $200, to his damage the sum of $250.
The court below instructed the jury, that if they should find “ that the defendant took the horse wrongfully, without any authority, and not by mistake, the jury may aivard to the plaintiff such further reasonable sum, in addition to…
2Cases cited2 opinions
- Lynd v. PicketSupreme Court of Minnesota · 1862
- Platt v. BrownSupreme Court of Connecticut · 1862
3Cited by6 opinions
- Gardner v. KelloggSupreme Court of Minnesota · 1877
- McCarthy v. NiskernSupreme Court of Minnesota · 1875
- Hegar v. DeGroatNorth Dakota Supreme Court · 1893
- Boetchier v. StaplesSupreme Court of Minnesota · 1880
- Robinson v. Spokane Traction Co.Washington Supreme Court · 1907
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