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MINNESOTA MUT. FIRE AND CAS. v. RETRUM

No. C3-89-1624.

456 N.W.2d 719 (1990)

MINNESOTA MUTUAL FIRE AND CASUALTY COMPANY, Appellant, v. Robert RETRUM, et al., Respondents.

Court of Appeals of Minnesota.

June 5, 1990.

Attorney(s) appearing for the Case

Douglas R. Archibald, Cosgrove, Flynn, Gaskins & Haskell, Minneapolis, for appellant.

John E. Varpness, Patrick M. Conlin, Gislason, Martin & Varpness P.A., Edina, for respondents.

Considered and decided by WOZNIAK, C.J., FOLEY and HUSPENI, JJ.

OPINION

FOLEY, Judge.

This is an appeal from denial of a motion for new trial. Appellant Minnesota Mutual Fire and Casualty Company challenges the trial court's refusal to submit nuisance and trespass claims to jury as being barred by two year statute of limitations in Minn. Stat. § 541.051 (1988). In making that challenge, Minnesota Mutual improperly raises legal and factual issues for the first time on appeal. Minnesota Mutual also challenges the...

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