Rehberger v. Project Plumbing Co., Inc.
| Decision Date | 02 March 1973 |
| Docket Number | No. 43658,43658 |
| Citation | 295 Minn. 577,205 N.W.2d 126 |
| Parties | Leopold S. REHBERGER, Respondent, v. PROJECT PLUMBING CO., INC., Appellant. |
| Court | Minnesota Supreme Court |
Swanson & Prueter, Minneapolis, for appellant.
Miner & Miner, Minneapolis, for respondent.
Considered by KNUTSON, C.J., and TODD, MacLAUGHLIN, and OLSON, JJ.
Defendant appeals from an order of the Hennepin County Municipal Court denying its motion for a new trial following an award of damages in the amount of $459.70 to plaintiff for expenses incurred in the repair of a sewer line installed by defendant. The trial court determined that defendant was negligent in the performance of its work for plaintiff. We affirm.
About the first part of April 1962 plaintiff contracted with defendant for the installation of a sewer hookup at the plaintiff's residence. Twice during the succeeding 5 years, defendant was required to repair the sewer pipes. The first time plaintiff was charged $20 for the work. In the second instance, defendant blamed the city sewer system for the trouble and charged plaintiff $20.25. Sometime in 1967, the sewer again plugged up, and plaintiff summoned Roto Rooter which reamed the pipes and charged plaintiff $49.70. At this time, plaintiff requested defendant to repair the sewer system permanently. When defendant refused, plaintiff again called Roto Rooter, which repaired the system for the sum of $390. The city water and sewer inspector, who was present during the repair work, testified that he found the 'transit pipe * * * had back pitch to the house.'
The issues of sufficiency of the evidence and of the defense of statute of limitations are raised on this appeal.
Defendant's assertion that there existed no 'close causal connection' between its conduct and the resulting injury is not supported by the evidence. While the 'back pitch' in the sewer pipes could be the result of any one or more of different causes, there is adequate evidence to support a reasonable inference that the 'back pitch' was the result of the negligent installation of the pipes. See, Sandvik v. Jammes, 281 Minn. 85, 160 N.W.2d 700 (1968); Hanson v. Christensen, 275 Minn. 204, 145 N.W.2d 868 (1966); Lindgren v. Voge, 260 Minn. 262, 109 N.W.2d 754 (1961). Since the findings of the trial court are entitled to the same weight on review as a jury verdict, the evidence does support a finding that defendant was negligent.
Defendant asserts that plaintiff's cause of action was barred by the statute of limitations. Rule 8.03, Rules of Civil...
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Carlton v. State, No. A10–2061.
...fails to assert it.” Albers v. Fitschen, 274 Minn. 375, 377, 143 N.W.2d 841, 843 (1966); see also Rehberger v. Project Plumbing Co., 295 Minn. 577, 578, 205 N.W.2d 126, 127 (1973) (per curiam). It is well established in our precedent “that a defendant, by answering to the merits and going t......
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Franklin v. Western Nat. Mut. Ins. Co.
... ... Thiele v. Stich, 425 N.W.2d 580, 582 (Minn.1988) (citing Rehberger ... v. Project Plumbing Co., 295 Minn. 577, 578, 205 N.W.2d 126, 127 ... Hughes v. Sinclair Mktg., Inc., 375 N.W.2d 875, 879 (Minn.App.1985), aff'd in part, rev'd in part on ... ...
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Weitzel v. State, A14–1186.
...that the State's failure to assert the affirmative defense prevents the defense's consideration. E.g., Rehberger v. Project Plumbing Co., 295 Minn. 577, 578, 205 N.W.2d 126, 127 (1973)(noting that the failure to plead an affirmative defense, such as the statute of limitations, constitutes a......