Peterson v. Northern Pacific Railway Co.
Supreme Court of Minnesota
Action in the district court for Chisago county to recover $2,500 for filling up a ditch on defendant’s right of way, by reason of which plaintiff’s premises were covered with water and his crops and pastures submerged during the years 1912, 1913 and 1914, and for a perpetual injunction restraining defendant from damming up waters on its right of way and on plaintiff’s premises.
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Action in the district court for Chisago county to recover $2,500 for filling up a ditch on defendant’s right of way, by reason of which plaintiff’s premises were covered with water and his crops and pastures submerged during the years 1912, 1913 and 1914, and for a perpetual injunction restraining defendant from damming up waters on its right of way and on plaintiff’s premises. The case was tried before Stolberg, J., and a jury which returned affirmative answers to the questions (1) whether the natural drainage of plaintiff’s, low land was over the 'lands occupied by plaintiff’s roadbed; (2)…
1Opinion of the CourtHolt, J.
In 1869 a railroad was constructed through a forty, now owned by plaintiff, in Chisago county, this state, apparently, without taking the trouble to acquire the right so to do, for condemnation proceedings were not instituted until 1874, and not until 1885 were the damages awarded paid into court. In 1895 defendant’s predecessor, then the owner of the railroad, constructed a ditch on the westerly side of the right of way as it passes through plaintiff’s land. This ditch served to carry the water south where it found either a natural or artificial outlet. Plaintiff in 1911 acquired this forty…
2Cases cited11 opinions
- Sheehan v. FlynnSupreme Court of Minnesota · 1894
- Minneapolis & St. Louis Railway Co. v. EmmonsSupreme Court of the United States · 1893
- Jungblum v. Minneapolis, New Ulm & Southwestern RailroadSupreme Court of Minnesota · 1897
- Brown v. Winona & Southwestern Railway Co.Supreme Court of Minnesota · 1893
- Skinner v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Will v. BolerSupreme Court of Minnesota · 1942
- Eiken v. Minnesota & Manitoba RailroadSupreme Court of Minnesota · 1922
- Lynch v. Minnesota Power & Light Co.Supreme Court of Minnesota · 1928