Lieberknecht v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in'the district court for Polk county to-recover $1,250 damages caused by overflow of water from defendant’s right of'way. The substance of the complaint is as stated 'in the opinion.
Read the full summary
Action in'the district court for Polk county to-recover $1,250 damages caused by overflow of water from defendant’s right of'way. The substance of the complaint is as stated 'in the opinion. The answer admitted the construction of a continuous, cut through the high ground or sand ridge, but denied that it was negligently done; that the cut was made solely for the purpose of building defendant’s railroad through the same in accordance with the grade established by its engineering department; that all necessary care and prudence had been exercised both in its construction and maintenance, and…
1Opinion of the Court
[Jaggard, J.]1
Defendant and appellant railway company, in constructing its railway, caused a cut to be made through a certain sand ridge, and certain burrow pits to be excavated along its right of way. The effect of the cut in the sand ridge was to divert water which had accumulated in a slough east of the ridge, called “Three Man Lake.” This water flowed southerly, until it reached the railroad track, and then westerly. In 1901 a ditch, known as “Hanson’s ditch,” was dug by some third parties, draining considerable bodies of water, and delivering it into Three Man Lake; hence it flowed onto…
Also in this document: Per curiam.
2Cases cited4 opinions
- Sheehan v. FlynnSupreme Court of Minnesota · 1894
- Block v. Great Northern Railway Co.Supreme Court of Minnesota · 1908
- Block v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
- Johnson v. Great Northern Railway Co.Supreme Court of Minnesota · 1910