JOHNSON v. FOSSUM

No. 40742.

159 N.W.2d 791 (1968)

Harold JOHNSON, Appellant, v. Clayton FOSSUM, Respondent.

Supreme Court of Minnesota.

June 7, 1968.


Attorney(s) appearing for the Case

Rainer L. Weis and Ronald R. Frauenshuh, Paynesville, for appellant.

Johnson, Schmidt & Thompson, Willmar, Douglas M. Head, Atty. Gen., St. Paul, for respondent.


OPINION

SHERAN, Justice.

Appeal from an order of the district court denying plaintiff's motion for judgment notwithstanding the verdict or, in the alternative, a new trial.

Action was instituted to recover damages resulting when personal property situated in a condemned building was destroyed by fire. The defense was that defendant had acted lawfully in his official capacity as chief of the Fire Department of the city of Willmar; that the personalty...

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