Reeves v. Backus-Brooks Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $300 damages for trespass, and to restrain defendant from maintaining its boom, logs and other obstructions in the Mississippi river in front of plaintiff’s land and from interfering with his riparian rights. The case was tried before Harrison, J., who at the close of plaintiff’s testimony granted, a motion to dismiss the action. From an order denying a motion for a new trial, plaintiff appealed.
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Action in the district court for Hennepin county to recover $300 damages for trespass, and to restrain defendant from maintaining its boom, logs and other obstructions in the Mississippi river in front of plaintiff’s land and from interfering with his riparian rights. The case was tried before Harrison, J., who at the close of plaintiff’s testimony granted, a motion to dismiss the action. From an order denying a motion for a new trial, plaintiff appealed. The rights which appellant has in the river as a riparian proprietor are his exclusively, subject and subservient only to the public right…
1Opinion of the Court
C0LU1NS, J.
The facts in this action stand conceded. It appears that the plaintiff is the owner and in occupation of a five-acre tract of land on the shores of the Mississippi, above the city of Minneapolis, in Hennepin county, and having a river frontage of about three hundred thirty feet. His father owns a tract of the same area lying adjoining on the south, and this is rented by the plaintiff and used in connection with his own. In front of these five-acre tracts the river is about fifteen hundred feet wide. The defendant company owns and operates a sawmill a short distance below, or south,…
2Cases cited6 opinions
- Union Depot, Street Railway & Transfer Co. v. BrunswickSupreme Court of Minnesota · 1883
- Brisbine v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1876
- Doucette v. Little Falls Improvement & Navigation Co.Supreme Court of Minnesota · 1898
- Gravel v. Little Falls Improvement & Navigation Co.Supreme Court of Minnesota · 1898
- Snow v. JohnsonSupreme Court of Minnesota · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Crookston Cattle Co. v. Minnesota Department of Natural ResourcesSupreme Court of Minnesota · 1980
- State v. KorrerSupreme Court of Minnesota · 1914
- Conran v. GirvinSupreme Court of Missouri · 1960
- Petraborg v. ZontelliSupreme Court of Minnesota · 1944
- Colliton v. OxboroughSupreme Court of Minnesota · 1902
4 more not listed; retrieve them via the Exa API.