Legal Opinion

Wilder v. De Cou

Supreme Court of Minnesota

Decided March 26, 1879PublishedCited by 12 opinions

Plaintiffs brought this action in the district court .for Ramsey county to restrain the defendants from erecting or maintaining any scaffolding or flume upon a certain out-lot 14, or the streets adjacent thereto, or from conducting the waters of a stream called Trout Brook across the same by means of, an existing channel or raceway. The action was tried before Wilkin, J., who ordered judgment for the plaintiffs. A new trial was refused, and the defendants appealed.

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Plaintiffs brought this action in the district court .for Ramsey county to restrain the defendants from erecting or maintaining any scaffolding or flume upon a certain out-lot 14, or the streets adjacent thereto, or from conducting the waters of a stream called Trout Brook across the same by means of, an existing channel or raceway. The action was tried before Wilkin, J., who ordered judgment for the plaintiffs. A new trial was refused, and the defendants appealed. At the trial, the plaintiffs, under objection and exception, introduced oral evidence of the meaning of the word “raceway,” and…

1Opinion of the CourtBerry, J.

On September 23, 1852, B. W. Brunson, owning certain lands in fee, laid out and platted the same as “Bass’s addition to the town of St. Paul,” and “Bass’s addition of out-lots to the town of St. Paul,” and the plat was duly filed for record pursuant to statute. Endorsed upon the plat was a certificate, duly signed and acknowledged by Brunson, and in these words, viz.: “I, Benjamin W. Brunson, proprietor of the lands covered by the within plat of Bass’s addition to the town of St. Paul and Bass’s addition of out-lots to the town of St. Paul, having laid out and platted the same into village or…

2Cases cited4 opinions

  1. Milhau v. . SharpNew York Court of Appeals · 1863
  2. Bidwell v. WebbSupreme Court of Minnesota · 1865
  3. Brisbine v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1876
  4. Dawson v. St. Paul Fire & Marine Ins.Supreme Court of Minnesota · 1870

3Cited by12 opinions

  1. Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
  2. Vanderburgh v. City of MinneapolisSupreme Court of Minnesota · 1906
  3. Bernard v. Willamette Box & Lumber Co.Oregon Supreme Court · 1913
  4. Viebahn v. Board of County CommissionersSupreme Court of Minnesota · 1905
  5. Reyburn v. SawyerSupreme Court of North Carolina · 1904

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