Kortsan v. Poor Richards, Inc.

Supreme Court of Minnesota

Kortsan v. Poor Richards, Inc.

203 N.W.2d 392, 295 Minn. 540, 1973 Minn. LEXIS 1330

CourtSupreme Court of Minnesota

DecidedJanuary 12, 1973

DocketNo. 43404

StatusPublished

This text of 203 N.W.2d 392 (Kortsan v. Poor Richards, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kortsan v. Poor Richards, Inc., 203 N.W.2d 392, 295 Minn. 540, 1973 Minn. LEXIS 1330 (Mich. 1973).

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Opinion

Per Curiam.

In a prior consideration of this case, Kortsan v. Poor Richards, Inc. 290 Minn. 339, 188 N. W. 2d 415 (1971), this court sustained the trial court’s finding of general damages for a continuing trespass by defendant on plaintiff’s land. We held, however, that the awarding of treble damages to plaintiff was improper. We remanded the case to the trial court for a determination of general damages, at a specific daily rate approved by this court, from the date of the first trial to the date the trespass was abated.

This is an appeal from an order denying defendant’s motion for a new trial. An examination of the record conclusively establishes that the trial court followed the instructions of this court as stated in our prior opinion, and the record fully supports the findings and conclusions of the trial court.

Affirmed.

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Per Curiam.

In a prior consideration of this case, Kortsan v. Poor Richards, Inc. 290 Minn. 339, 188 N. W. 2d 415 (1971), this court sustained the trial court’s finding of general damages for a continuing trespass by defendant on plaintiff’s land. We held, however, that the awarding of treble damages to plaintiff was improper. We remanded the case to the trial court for a determination of general damages, at a specific daily rate approved by this court, from the date of the first trial to the date the trespass was abated.

This is an appeal from an order denying defendant’s motion for a new trial. An examination of the record conclusively establishes that the trial court followed the instructions of this court as stated in our prior opinion, and the record fully supports the findings and conclusions of the trial court.

Affirmed.

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Bluebook (online)

203 N.W.2d 392, 295 Minn. 540, 1973 Minn. LEXIS 1330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kortsan-v-poor-richards-inc-minn-1973.

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