Supreme Court of Minnesota July 13, 1892 (Ratte v. Dawson)

Vanderburgh, J.

The evidence failed to make a case in behalf of the plaintiff, and the action was rightly dismissed. The defendant is the owner of "several unoccupied residence lots in the city of St. Paul, on which divers persons with his consent, express or implied, before the accident or injury complained of here, had entered and made excavations for building sand.