Bartlett v. Siman
Supreme Court of Minnesota
Appeal by defendants from a judgment of the district court for Fairbault county, Dickinson, J., presiding, adjudging a certain dam across the Blue Earth river to be a-nuisance, and ordering that the same be abated.
1Opinion of the CourtBerry, J.
This is an action to abate a private nuisance. The complaint states that Siman and one Nieholls, in 1872, constructed on their land a dam across the Blue Earth river, which raised the water so as to set back and flow the lands of plaintiff. Afterwards Nieholls conveyed his interest to Wallace, and Wallace conveyed to the defendant Payne.
In 1874, after Payne acquired his interest, he and Siman raised the dam about a foot higher than it then was, which increased the overflow upon plaintiff’s land. It alleges that those acts were wrongful, and caused damage, inconvenience and annoyance to…
2Cited by2 opinions
- Joyce v. Village of JanesvilleSupreme Court of Minnesota · 1916
- Alleman v. Director GeneralSupreme Court of Minnesota · 1921