Wegner v. Milwaukee Mutual Ins. Co.
479 N.W.2d 38 (Minn. 1991)
Facts: In an attempt to flush out a suspect, cops tore up Wegner's house pretty bad. Wegner sued both the city and Milwaukee Mutual to recover damages for the destruction.
Procedure: Trial court and then appellate...
Issue: Does the necessity defense apply?
Holding: No.
Reasoning: The defense is a common law one, while the statute requiring recovery is a statute and therefore controlling.
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