Legal Opinion

Erickson v. Crookston Waterworks, Power & Light Co.

Supreme Court of Minnesota

Decided July 31, 1908No. Nos. 15,583-(159)PublishedCited by 7 opinions

Action in the district court for Polk county to enjoin defendant and its agents from using pumps in defendant’s wells to reduce the level of the water from its normal level whenever such use injures and interferes with plaintiff in the natural use of his well to secure water therefrom for domestic and other purposes; pending this suit to obtain a temporary injunction against defendant restraining it from these unlawful acts, and to recover $3,000 for injury already caused by…

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Action in the district court for Polk county to enjoin defendant and its agents from using pumps in defendant’s wells to reduce the level of the water from its normal level whenever such use injures and interferes with plaintiff in the natural use of his well to secure water therefrom for domestic and other purposes; pending this suit to obtain a temporary injunction against defendant restraining it from these unlawful acts, and to recover $3,000 for injury already caused by defendant’s alleged wrongful use of its wells. After the former appeal (100 Minn. 481) the cause was remanded,…

1Opinion of the CourtLewis, J.

Upon the former trial the cause was disposed of in the court below by granting appellant’s motion for judgment on the pleadings. It *184was held (100 Minn. 481, 111 N. W. 391, 8 L. R. A. [N. S.] 1250) that appellant had no vested right to deprive respondent of the natural use of his artesian well by the use of artificial force in pumping the basin of supply to a low level, indirectly compelling him to purchase from appellant water which had been contaminated by intermingling it with river water. The cause, having been remanded, came on for trial upon the merits, and a clear comprehension of the…

2Cases cited9 opinions

  1. Katz v. WalkinshawCalifornia Supreme Court · 1903
  2. Forbell v. . City of New YorkNew York Court of Appeals · 1900
  3. Collins v. Chartiers V. Gas Co.Supreme Court of Pennsylvania · 1890
  4. Stillwater Water Co. v. FarmerSupreme Court of Minnesota · 1903
  5. Barclay v. AbrahamSupreme Court of Iowa · 1903

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3Cited by7 opinions

  1. Meeker v. City of East OrangeSupreme Court of New Jersey · 1909
  2. Horne v. Utah Oil Refining Co.Utah Supreme Court · 1921
  3. Noh v. StonerIdaho Supreme Court · 1933
  4. Behrens v. ScharringhausenAppellate Court of Illinois · 1959
  5. White Bear Lake Restoration Ass'n ex rel. State v. Minn. Dep't of Natural Res.Court of Appeals of Minnesota · 2019

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