O'Brien v. City of Saint Paul
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Ramsey county, alleging that the defendant “ has, and now is^pnlawfully maintaining a sewer unlawfully built and constructed by the said city, emptying upon the lots of plaintiff,” and asking for damages, and an injunction, &c. Issue was joined, and the cause referred to R. B. Galusha, Esq., who directed judgment to- be entered in favor of plaintiff for damages, and that injunction issue, &c.
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Plaintiff brought this action in the district court for Ramsey county, alleging that the defendant “ has, and now is^pnlawfully maintaining a sewer unlawfully built and constructed by the said city, emptying upon the lots of plaintiff,” and asking for damages, and an injunction, &c. Issue was joined, and the cause referred to R. B. Galusha, Esq., who directed judgment to- be entered in favor of plaintiff for damages, and that injunction issue, &c. Judgment was accordingly entered, and defendant appeals therefrom to this court. The findings of the referee so far as material, are stated in the…
1Opinion of the Court
By the Court.
McMillan, J.
In a civil action for a nuisance,' *181the complaint must state facts which in law constitute a nuisance from which 'the plaintiff has suffered special injury. Under a complaint stating a nuisance of one kind, it is not permitted to prove a nuisance of a character essentially different. For a supra riparian owner to increase the flow of a natural water-course by-draining into it other streams so as to injure a lower riparian owner is a nuisance, and actionable by the latter; so also is the fouling of the water-course by the supra riparian owner. But in an action by the…
2Cited by33 opinions
- O'Brien v. City of St. PaulSupreme Court of Minnesota · 1878
- City of Evansville v. DeckerIndiana Supreme Court · 1882
- Winchell v. City of WaukeshaWisconsin Supreme Court · 1901
- Nolan v. City of New BritainSupreme Court of Connecticut · 1897
- Winn v. Village of RutlandSupreme Court of Vermont · 1880
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