Red River Roller Mills v. Wright
Supreme Court of Minnesota
Appeal by plaintiff from a judgment of the district court for Otter Tail county, where the action was tried by McKelvy, J., without a jury- The rule that “every man must so use his own property as not to injure the property of another” is not absolute, but is so qualified as to allow each to make a reasonable use of his property, even though the other may thereby suffer some detriment.
Read the full summary
Appeal by plaintiff from a judgment of the district court for Otter Tail county, where the action was tried by McKelvy, J., without a jury- The rule that “every man must so use his own property as not to injure the property of another” is not absolute, but is so qualified as to allow each to make a reasonable use of his property, even though the other may thereby suffer some detriment. And the reasonableness of such use is a question for a jury, to be decided upon all the facts and circumstances of each particular case. Palmer v. Mulligan, 3 Caines, 307; Platt v. Johnson, 15 John. 213;…
1Opinion of the CourtMitchjell, J.
This action was brought by the plaintiff to restrain defendant’s intestate from depositing,' in the Bed or Otter Tail river, sawdust and other refuse from his saw-mill, which floats down the river and clogs up the flume and wheel of plaintiff’s flouring-mill, to its great damage and annoyance. Both parties are riparian owners upon the same stream, — the plaintiff owning and operating a flouring-mill below, and defendant a saw and sliingle-mill above, by the waler-power of the stream. The facts are fully and specifically stated in the findings of the court, from which it appears, in substance,…
2Cases cited8 opinions
- Merrifield v. City of WorcesterMassachusetts Supreme Judicial Court · 1872
- Palmer v. MulliganNew York Supreme Court · 1805
- Prentice v. . GeigerNew York Court of Appeals · 1878
- Platt v. Johnson & RootNew York Supreme Court · 1818
- Merritt v. BrinkerhoffNew York Supreme Court · 1820
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Thompson v. EnzMichigan Supreme Court · 1967
- Johnson v. SeifertSupreme Court of Minnesota · 1960
- People v. HulbertMichigan Supreme Court · 1902
- Clough v. WingArizona Supreme Court · 1888
- Lockwood Co. v. LawrenceSupreme Judicial Court of Maine · 1885
14 more not listed; retrieve them via the Exa API.