§ 548.05

Minnesota Statutes

Source: 2025 Minnesota Statutes. For the official text, see revisor.mn.gov.

Citing Cases (9)

Minnesota Supreme Court

Bergh & Misson Farms, Inc. v. Great Lakes Transmission Co. · 1997 1 citation

Respondent Bergh and Misson Farms, Incorporated (“B & M”), along with Arlo and Dorothy Bergh (“the Berghs”), commenced this action against appellant Great Lakes Gas Transmission Company (“Great Lakes”) alleging that Great Lakes negligently and intentionally trespassed upon property leased by B & M from the Berghs and, in the process, caused damage to the property and a sugar beet crop growing on it in the amount of $75,000. In its answer, Great Lakes denied that it had trespassed on the property and affirmatively alleged that its *25 conduct was permitted by an agreement between the parties. At trial, B & M sought treble damages for trespass pursuant to Minn. Stat. § 548.05 (1996). B & M also sought to introduce evidence that the route selected by Great Lakes to access a pipeline easement through the field, held by Great Lakes, was unreasonable. The trial court refused to submit an instruction on trespass to the jury, and, based on the language of the pipeline easement granted to Great Lakes by the Berghs, refused to permit B & M to introduce evidence on the reasonableness of Great Lakes’ actions. The jury returned a verdict for property damage against Great Lakes in the amount of $19,165. B & M appealed, and a divided court of appeals, in an unpublished opinion, reversed and remanded for a new trial. The court of appeals panel majority, finding that a reasonable jury could have found that Great Lakes’ route of access to the pipeline was not necessary, was unreasonable, and caused unnecessary harm to the field, concluded that the trial court erred both when it excluded evidence of the reasonableness of Great Lakes’ actions and when it did not instruct the jury on trespass. We reverse the court, of appeals and reinstate the jury’s verdict.

Mondt v. Sexter Realty Co. · 1980 2 citations

+ 2 more citations in this opinion.