Lee v. Emery

• Citation: 10 Minn. 151
• Parties: V. R. LEE vs. A. S. EMERY et al
• Decision Date: 01 January 1865
• Court: Minnesota Supreme Court

10 Minn. 151

V. R. LEE vs. A. S. EMERY et al

Supreme Court of Minnesota.

Appeal, order and judgment of district court, Wabasha County.

Points and authorities for appellants: —

1. The complaint does not state facts sufficient to constitute a cause of action, and therefore it was error to deny defendants' motion in arrest of judgment.

2. The complaint being defective, the verdict does not cure it, and the judgment based thereupon cannot be sustained.

3. The complaint upon its face shows that there was a "safe and feasible" way to avoid the collision and accident, by driving down Centre street; and shows that after leaving the street upon which said Emery was driving his vehicle, and while passing over said "safe and feasible" route his carriage was overset, which is the statement of an injury received by the accidental overturning of plaintiff's carriage, without any averment that defendant by himself or servant caused the same.

Points and authorities for respondent: —

1. The complaint contains every necessary averment to constitute a cause of action against the defendants. If

not done so artistically as to make a perfect pleading in phraseology, it nevertheless contains in substance every necessary or material allegation. This is a complaint in justice court and will be liberally construed with a view to substantial justice; and the court will disregard any error which does not affect the substantial rights of the parties. Comp. Stat. 542 (79); id. 544 (96); also Rules of Pleading in Justice Court.

2. The case having been tried without any objection either to the complaint or to any evidence introduced under it, and that evidence having resulted in a verdict which was in conformity thereto, and no motion to arrest the judgment upon the verdict, as against evidence having been made, the same must now stand, and will not be interfered with by the supreme court. Comp. Stat. 543, § 90; id. 544, §§ 91, 96. The damages (as found by the jury) are the immediate result of the acts of the defendants, and the court will not inquire how the jury arrived at the amount.

3. The only legitimate and fair construction that can be put upon that part of the complaint in regard to "safe and feasible way," is that the way down Centre street was the only alternative left the said servant of Lee, and the only way left in which there was any degree of safety. Not that "the way" was perfectly and in fact safe, but that it was the safest way under the circumstances. The complaint shows that the plaintiff's servant attempted to pursue the said way, which was his only alternative; that he exercised all the care and skill possible under the circumstances. The complaint does not show that there was a "safe and feasible way" to avoid the collision and accident.

Smith & Gilman, for appellants.

W. W. Phelps, for respondent.

BERRY, J.

Our statute (Pub. Stat. 540, § 69), after providing that the defendant may object to the complaint for certain enumerated reasons, goes on to say, that "if no objection be taken either by demurrer or answer the defendant must be deemed to have waived the same, excepting * * * the objection that the complaint does not state facts sufficient to constitute a cause of action." This exception would seem to have been made in harmony with the common law rule touching motions in arrest of judgment (Raynor v. Clark, 7 Barb. 583); for one of the grounds for arrest of judgment laid down by Blackstone is, "if the case laid in the declaration is not sufficient in point of law to found an action upon." 3 Bla. Com. 393. The same author says, that "many inaccuracies and omissions which would be fatal if early observed are cured by a subsequent verdict, and not suffered in the last stage of a cause to unravel the whole proceedings. But if the thing omitted be essential to the action or defense, as if the plaintiff does not merely state his title in a defective manner, but sets forth a title that is totally defective in...