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GENERAL MILLS v. GOLDMAN

No. 14087.

184 F.2d 359 (1950)

GENERAL MILLS, Inc. v. GOLDMAN (INDIANA LUMBERMENS MUT. INS. CO. OF INDIANAPOLIS, INDIANA, Intervener).

United States Court of Appeals Eighth Circuit.

Rehearing Denied November 9, 1950.

Attorney(s) appearing for the Case

A. Lyman Beardsley, Minneapolis, Minn., and D. E. Balch, Washington, D. C. (Frank J. Morley, Edward K. Thode, and Morley, Cant, Taylor & Haverstock, all of Minneapolis, Minn., were with them on the brief), for appellant.

Irving H. Green, Minneapolis, Minn. (Robins, Davis & Lyons and H. Z. Mendow, all of Minneapolis, Minn. were with him on the brief), for plaintiff-appellee.

W. M. Kronebusch, Minneapolis, Minn. (O'Brien & Kronebusch, Minneapolis, Minn., were on the brief), for intervener-appellee, Indiana Lumbermens Mut. Ins. Co. of Indianapolis, Indiana.

Before SANBORN, WOODROUGH and RIDDICK, Circuit Judges.

WOODROUGH, Circuit Judge.

This action was brought by Harry Goldman as plaintiff against General Mills, Inc., as defendant, to recover damages suffered by the owners of a manufacturing plant located on Hiawatha Avenue in Minneapolis through its destruction by fire on January 15, 1948. General Mills was in possession of and operating the plant as a tenant under a ten year lease at the time of the fire and the action was in tort based upon plaintiff's claim that the...

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