Legal Opinion

Day v. H. C. Akeley Lumber Co.

Supreme Court of Minnesota

Decided September 7, 1893PublishedCited by 9 opinions

Appeal by plaintiffs, John W. Day, ei al., from an order of the District Court of Hennepin County, William Lochren, J., made February 9, 1893, denying their motion for a new trial. The plaintiffs, John W. Day and partners as J. W. Day & Co., operated a steam sawmill on the right bank of the Mississippi River in North Minneapolis, and had in connection therewith a large yard, seventeen acres, in which they piled their lumber.

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Appeal by plaintiffs, John W. Day, ei al., from an order of the District Court of Hennepin County, William Lochren, J., made February 9, 1893, denying their motion for a new trial. The plaintiffs, John W. Day and partners as J. W. Day & Co., operated a steam sawmill on the right bank of the Mississippi River in North Minneapolis, and had in connection therewith a large yard, seventeen acres, in which they piled their lumber. Adjacent on the north, the defendant, the H. C. Akeley Lumber Company, a corporation, had a similar mill and yard. These steam mills burned their sawdust and refuse to…

1Opinion of the CourtCollins, J.

Plaintiffs J. W. Day & Co. and defendant corporation were extensively engaged in the manufacture of lumber at Minneapolis. Their plants, operated by steam, and their lumber yards, were separated by a street only, and on the morning of May 21, 1891, fire destroyed a large quantity of lumber belonging to and piled in the yards of J. W. Day & Co. This lumber was insured,, and the insurance companies, having paid the amounts due on their respective policies, are made coplaintiffs herein, the action having been brought to recover the value, of the destroyed lumber. It is alleged in the complaint…

2Cases cited5 opinions

  1. Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
  2. Hoye v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1891
  3. Read v. MorseWisconsin Supreme Court · 1874
  4. American Manufacturing Co. v. KlarquistSupreme Court of Minnesota · 1891
  5. Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1887

3Cited by9 opinions

  1. August Berger v. Minneapolis Gaslight Co.Supreme Court of Minnesota · 1895
  2. Clark v. BringsSupreme Court of Minnesota · 1969
  3. Oregon Box & Mfg. Co. v. Jones Lumber Co.Oregon Supreme Court · 1926
  4. Shute v. Princeton TownshipSupreme Court of Minnesota · 1894
  5. Lally v. Crookston Lumber Co.Supreme Court of Minnesota · 1901

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