Tait v. Thomas

Supreme Court of Minnesota

Tait v. Thomas

22 Minn. 537, 1876 Minn. LEXIS 49

CourtSupreme Court of Minnesota

DecidedApril 11, 1876

StatusPublished

Cited by5 cases

This text of 22 Minn. 537 (Tait v. Thomas) 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

Tait v. Thomas, 22 Minn. 537, 1876 Minn. LEXIS 49 (Mich. 1876).

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Opinion

Gileillan, C. J.

There are two ways in which the amoxmt to be recovered, under the statute allowing treble damages for certain trespasses, (Gen. St. ch. 75, § 28,) may be ascertained: first, the coxxrt may instruct the jury to assess the actual damage, and render their verdict for treble [538]*538that amount; second, it may instruct the jury to return the-single damage, and the fact whether the trespass was wilful or involuntary; and the court may then treble the damage-so found. The facts upon which the question of treble damages depends must be passed upon by the jury, and not by the court. In this case it does not appear what instructions were given to the jury. Their verdict was general, and, the contrary not appearing, it is to be presumed that, after ascertaining the character of the trespass, they have allowed the damages to which the plaintiffs are by law entitled. Livingston v. Platner, 1 Cow. 175.

Judgment affirmed.

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Gileillan, C. J.

There are two ways in which the amoxmt to be recovered, under the statute allowing treble damages for certain trespasses, (Gen. St. ch. 75, § 28,) may be ascertained: first, the coxxrt may instruct the jury to assess the actual damage, and render their verdict for treble [538]*538that amount; second, it may instruct the jury to return the-single damage, and the fact whether the trespass was wilful or involuntary; and the court may then treble the damage-so found. The facts upon which the question of treble damages depends must be passed upon by the jury, and not by the court. In this case it does not appear what instructions were given to the jury. Their verdict was general, and, the contrary not appearing, it is to be presumed that, after ascertaining the character of the trespass, they have allowed the damages to which the plaintiffs are by law entitled. Livingston v. Platner, 1 Cow. 175.

Judgment affirmed.

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Bluebook (online)

22 Minn. 537, 1876 Minn. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tait-v-thomas-minn-1876.

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