Eiken v. Minnesota & Manitoba Railroad
Supreme Court of Minnesota
Action in the district court for Beltrami county to recover $1,530 damages to land caused by obstruction of surface water. The case was tried before McClenaban, J., who when plaintiff rested denied defendants’ motion to dismiss the action and at the close of the testimony their motion for a directed verdict, and a jury which returned a verdict for $690. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.
1Opinion of the Court
Taylor, C.
Alleging that defendants had caused his land to be overflowed by wrongfully and unnecessarily obstructing the natural flow of surface water therefrom, plaintiff brought this action for damages and recovered a verdict. Defendants made an alternative motion for judgment notwithstanding the verdict or for a new trial and appealed from an order denying their motion.
The land involved herein is the west half of the southeast quarter of section 21 in township 161 of range 33 in Beltrami county, and was formerly a part of the Red Lake Indian Reservation. The right of way for a railroad…
2Cases cited10 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Dubuque & Pacific Railroad v. LitchfieldSupreme Court of the United States · 1860
- Hannibal & St. Joseph Railroad v. Missouri River Packet Co.Supreme Court of the United States · 1888
- Jungblum v. Minneapolis, New Ulm & Southwestern RailroadSupreme Court of Minnesota · 1897
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3Cited by2 opinions
- Martin v. TracySupreme Court of Minnesota · 1932
- Van Wilgen v. Albert Lea Farms Co.Supreme Court of Minnesota · 1929