Legal Opinion

Erdman v. Watab Rapids Power Co.

Supreme Court of Minnesota

Decided August 26, 1910No. Nos. 16,687—(170)PublishedCited by 6 opinions

Action in the district court for Benton county against the Watab Bapids Power Company and the Watab Pulp & Paper Company to recover $570 damages to crops caused by defendants’ alleged unlawful acts and $5,000, in the event it should be held by the court that a certain dam was permanent in its character and that defendants had a legal right to maintain it.

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Action in the district court for Benton county against the Watab Bapids Power Company and the Watab Pulp & Paper Company to recover $570 damages to crops caused by defendants’ alleged unlawful acts and $5,000, in the event it should be held by the court that a certain dam was permanent in its character and that defendants had a legal right to maintain it. Among other matters the complaint alleged that neither of the defendants possessed the power of eminent domain; that they had wrongfully constructed the dam; that its erection and maintenance were a continuous and menacing nuisance to…

1Opinion of the CourtLewis., J.

Appellant is the owner of a power dam on the Mississippi river at Sartell, Minnesota. The plant has been in operation since March, 1907, and this action was brought for the purpose of recovering damages for overflowing lands of respondent located on Little Eock lake, at a point about twelve miles above the dam. Four special questions were submitted to the jury, and answered as follows:

“1. Are you able to determine, after considering all the evidence in the case, whether the dam of the defendants did or did not cause water to flow upon the land of the plaintiff in the year 1908, which water…

Also in this document: Per curiam.

2Cases cited1 opinion

  1. Ames v. Cannon River Manufacturing Co.Supreme Court of Minnesota · 1880

3Cited by6 opinions

  1. State v. SaporenSupreme Court of Minnesota · 1939
  2. Raide v. DollarIdaho Supreme Court · 1921
  3. Mitchell v. City of St. PaulSupreme Court of Minnesota · 1948
  4. State v. SaponenSupreme Court of Minnesota · 1939
  5. Hoover v. Southern Bell Telephone Co.Court of Appeals of Georgia · 1935

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