VINCENT V. LAKE ERIE TRANSPORTATION CO.
Sup. Ct. of Minn., 109 Minn. 456,124 N.W. 221 (1910).
NATURE OF THE CASE: Lake (D) appealed from a denial of a directed verdict and a jury
verdict in favor of Vincent (P) for damage to his wharf caused by D's negligence.
FACTS: A steamship, under the ownership of Lake Erie Transportation Co. (D), was moored
at Vincent's (P) dock in order to discharge cargo. A violent storm suddenly swept the area
with winds up to 50 m.p.h. The storm was so severe that no master would have been justified
in navigating his vessel. The lines to the ship were kept fast to the dock during the
ordeal. This resulted in $500 in damages to the dock from the ship being thrown into the
dock over and over again the by severe winds. P sued for these damages and the jury gave the
verdict to P. D appealed under the defense of necessity.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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