Vincent v. Lake Erie Transportation Co.

Vincent v. Lake Erie Transportation Co.
109 Minn. 456, 124 N.W. 221 (1910)

Facts: Defendant's ship was moored at Plaintiff's dock during a storm, which cause some $500 in damages to the dock.

Procedure: Jury trial court found for the plaintiff.

Issue: Does necessity defense apply?

Holding: No.

Reasoning: Yes, there was necessity, but they should still pay because their act caused the damages (sort of no-fault-ish). It was calculated to save the ship at the expense of the dock, and the expense of the dock will be paid.