Tew v. Webster
Supreme Court of Minnesota
Action in the district court for Fillmore county to restrain defendant from raising his dam above a specified height' and for $1,000 damages. The case was tried before Kingsley, J., who found as conclusion of law that the action should be dismissed. From an order denying his motion for a new trial, plaintiff appealed.
1Opinion of the CourtElliott, J.
In this action the plaintiff sought to enjoin the maintenance of a milldam at a level which caused the water of the stream to back upon the plaintiff’s mill, so as to interfere with its operations. The trial court found that the defendant’s dam had not been raised during the preceding fifteen years, and denied any relief to the plaintiff. The evidence was sufficient to show that during the five years prior to the trial the water in the stream had by some means been raised in the plaintiff’s tail race about six inches; but, as it was found that the defendant’s dam had not been changed, the…
2Cases cited5 opinions
- Jewell v. WeedSupreme Court of Minnesota · 1872
- State ex rel. Beise v. District CourtSupreme Court of Minnesota · 1901
- Bunker v. United Order of ForestersSupreme Court of Minnesota · 1906
- Hines v. JarrettSupreme Court of South Carolina · 1887
- James v. JordanSupreme Court of Minnesota · 1887
3Cited by3 opinions
- Wann v. Northwestern Trust Co.Supreme Court of Minnesota · 1913
- Tew v. WebsterSupreme Court of Minnesota · 1908
- Tew v. WebsterSupreme Court of Minnesota · 1912