Johnson v. Wild Rice Boom Co.
Supreme Court of Minnesota
Action in the district court for Norman county to recover $5,000 for diversion of the waters of Wild Nice river whereby plaintiff’s mill could be operated only one-third of the time during the years 1908, 1909 and 1910. The case was tried before Grindeland, L, and a jury which returned a verdict in favor of plaintiff for $2,500. From an order denying defendant’s motion for a new trial, it appealed.
1Opinion of the CourtStart, C. J.
The plaintiff brought this action in the district court of the county of Norman to recover damages for the alleged act of the defendant in diverting an excessive amount of water from plaintiff’s mill in violation of its contract with the plaintiff. The answer admitted the execution of the contract, but denied the alleged breach thereof. The jury returned a verdict for the plaintiff for $2,500, and the defendant appealed from an order denying its motion for a new trial.
The assignments of error raise the question whether the trial court erred in its rulings as to the admission of evidence,…
2Cases cited4 opinions
- Goebel v. HoughSupreme Court of Minnesota · 1879
- Cargill v. ThompsonSupreme Court of Minnesota · 1894
- Mississippi & Rum River Boom Co. v. PrinceSupreme Court of Minnesota · 1885
- Ironton Land Co. v. ButchartSupreme Court of Minnesota · 1898
3Cited by4 opinions
- Virtue v. Creamery Package Manufacturing Co.Supreme Court of Minnesota · 1913
- Force v. GottwaldSupreme Court of Minnesota · 1921
- Johnson v. Wild Rice Boom Co.Supreme Court of Minnesota · 1913
- Johnson v. Wild Rice Boom Co.Supreme Court of Minnesota · 1914