Isaacson v. Minneapolis & St. Louis Ry. Co.

• Court: Minnesota Supreme Court
• Writing for the Court: GILFILLAN
• Citation: Isaacson v. Minneapolis & St. Louis Ry. Co., 27 Minn. 463, 8 N.W. 600 (Minn. 1881)
• Decision Date: 25 March 1881
• Parties: ISAACSON v MINNEAPOLIS & ST. LOUIS RY. CO. AND OTHERS.

27 Minn. 463

8 N.W. 600

ISAACSONvMINNEAPOLIS & ST. LOUIS RY. CO. AND OTHERS.

Supreme Court of Minnesota.

Filed March 25, 1881.

Appeal from order of district court, Freeborn county.

Lovely & Morgan, for respondent.

Tyrer & Whytock, for appellant.

GILFILLAN, C.J.

Action for trespass upon plaintiff's land. The damage alleged in the complaint was the tramping upon and spoiling grain growing on the land. Plaintiff had a verdict assessing his damage at $161.50. The objections made here to the verdict are that it includes items of damage other than that specifically mentioned in the complaint, to-wit, to grain, and that the court erred in charging the jury that they might consider other items of damage proved. The court did so charge, and as each of defendant's requests refused by the court contained a proposition excluding such other items, the charge and refusal were correct, if it was proper for the jury to consider anything but damage to the grain.

The plaintiff proved apparently all the damages naturally resulting from the trespass complained of, including other items than damage to the grain...