Gorstz v. Pinske
Supreme Court of Minnesota
Action in the district court for Norman county to recover $3,500 damages for assault and battery. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff for $700. From an order denying a motion for a new trial, defendant appealed.
1Opinion of the CourtLovely, J.
Civil action brought against defendant to recover for an alleged assault upon the plaintiff. Defendant counterclaimed for an assault arising out of the same transaction. The plaintiff had a *457verdict. Defendant moved for a new trial upon a settled case, for errors of law and upon other grounds, which motion was overruled, and defendant appeals to this court.
The respective parties to this action were neighbors. Defendant occupied and cultivated a tree claim adjacent to the public highway. A few days previous to the alleged assault upon plaintiff, defendant had plowed the land between his tree…
2Cases cited2 opinions
- Goodhue Farmers' Warehouse Co. v. DavisSupreme Court of Minnesota · 1900
- Harriott v. HolmesSupreme Court of Minnesota · 1899
3Cited by2 opinions
- Mailand v. MailandSupreme Court of Minnesota · 1901
- Schmitt v. United States Fidelity & Guaranty Co.Supreme Court of Minnesota · 1926