Rowe v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Clay county, Mills, J., presiding, refusing a new trial, the action having been dismissed at the trial for failure of the complaint to state a cause of action.
1Opinion of the CourtVanderburgh, J.
The defendant’s railroad traverses, in a north and south direction, township 142, range 46, which is alleged to be an unusually flat and level prairie, having a gradual and uniform slope of two to four feet to the mile westerly to the Eed river. ■ Plaintiff’s farm is'situate in the same township, about one mile east of the defendant’s right of way, which lies consequently two to four feet lower than plaintiff’s land. The action is for damages suffered by plaintiff by reason of the obstruction interposed by the defendant’s road-bed to the free passage of surface water from the adjacent lands,…
2Cases cited13 opinions
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- O'Brien v. City of St. PaulSupreme Court of Minnesota · 1878
- McClure v. City of Red WingSupreme Court of Minnesota · 1881
- Palmer v. WaddellSupreme Court of Kansas · 1879
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sheehan v. FlynnSupreme Court of Minnesota · 1894
- Chicago, R. I. & P. Ry. Co. v. GrovesSupreme Court of Oklahoma · 1908
- Morrissey v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1893
- Hume v. City of Des MoinesSupreme Court of Iowa · 1910
- Brown v. Winona & Southwestern Railway Co.Supreme Court of Minnesota · 1893
7 more not listed; retrieve them via the Exa API.