Diamon v. Taylor

Decided December 14, 1906

Supreme Court of Minnesota · decided 1906-12-14

Action in the district court for Ramsey county to recover $1,520 for injuties caused by trespassing upon plaintiff’s property. The case was tried before Bunn, J., and a jury, which rendered a verdict in favor of defendant. From an order denying a new trial, plaintiff appealed.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1906-12-14

How this case has been cited

Cited by 3 later decisions (1 by the Supreme Court) — most recently November 1932

2 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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PER CURIAM.

¶1This action was brought to recover $1,520 damages alleged to have been suffered by plaintiff by reason of a trespass committed upon his property by defendant. Defendant had a verdict in the court below, and plaintiff appealed from an order denying a new trial.

¶2The only question presented is whether the court below erred in refusing to instruct the jury; as requested, that plaintiff was entitled, as a matter of law, to a verdict “for some amount.”

¶3It may be conceded, without so deciding, that the court erred in refusing to so instruct the jury. But in view of the fact that the general verdict for defendant conclusively negatives the merits of plaintiff’s claim, so far as actual or substantial damages are concerned, we apply the rule, “De minimis non curat lex,” and affirm the. order appealed from. We will not reverse a case of this kind, where only nominal damages are involved.

¶4Order affirmed.