Vincent v lakeerie - law on necessity tort 2020 PDF

Preview

Summary

2020 Tort Law I Case Brief for Vincent v Lakeerie - Law of Necessity...

Description

Necessity

Vincent v. Lake Erie Transp. Co. Supreme Court of Minnesota, 1910 109 Minn. 456, 124 N.W. 221.

FACTS Parties: Plaintiff: Vincent, appellee Defendant: Lake Erie Transp. Co., appellant Procedural History  

Court ruled in favor of the plaintiff from a order denying a new trial The defendant appealed the decision

Relevant Facts:    

The defendant owned the ship Reynolds which was unloading its cargo at the plaintiff’s dock There was a really bad storm on Nov. 27, 1905 After unloading its cargo no one would untie the ship, which it requested, because of the severity of the storms She was lifted and thrown against the dock resulting in damages of about $500

ISSUE: Is the defendant liable for damages imposed on the plaintiff’s property if he/she is acting for private necessity? PARTIES’ ARGUMENTS: Plaintiff: Defendant:   

Staying tied to the doc was necessary and he should not be held liable for damages incurred Jury should have been instructed that he could not be held liable

HOLDING: order affirmed for the plaintiff DISPOSITION OF THE COURT:   

Character of the storm was such that it would have been foolish for the master of the Reynolds to untie from the dock or let the vessel float away Situation called for the rules regarding property rights were suspended by forces Blamed on an act of God and not the wrongful act of the person sought to be charged

Necessity

  

The commanders of the ship purposefully held the ship there in order to preserve it, but in turn damaged the dock so the owners would be responsible Taking of private property for a public purpose must be compensated Since the defendant put his property before that of the plaintiff in order to preserve it, the plaintiff is entitled to damages.

RULE OF LAW:...