Laing v. Nelson

Decided October 29, 1889

Supreme Court of Minnesota · decided 1889-10-29

Appeal by defendant from an order of the municipal court of Min-neapolis, refusing a new trial upon the plaintiff consenting that the ■verdict of $50 in his favor be reduced to $35.

Relies on Chamberlain v. West

Good law ✅— No negative treatment on recordhow we know

Decided 1889-10-29

How this case has been cited

Cited by 4 later decisions — most recently November 1918

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Vanderburgh, J.

¶1The evidence tends to show that the plaintiff, .a drayman, was loading furniture upon .his wagon in the street, and that defendant, who was driving rapidly, ran against the horse of the former, and caused his wagon to be overturned and the furniture injured. The jury were warranted in finding that the plaintiff was lawfully in possession of the goods, and that the injury was caused by the wrongful act of the defendant, which amounted to a trespass. .As against a mere wrong-doer, the plaintiff’s possession was sufficient to entitle him to maintain the action. Edw. Bailm. § 37; Orser v. Storms, 9 Cowen, 687, (18 Am. Dec. 548, and cases;) Chamberlain v. West, 37 Minn. 54, (33 N. W. Rep. 114.)

¶2Order affirmed.