Hartle v. Neighbauer
Supreme Court of Minnesota
Action in the district court for Steele county to restrain defendants from maintaining drains or ditches, whereby water would come upon plaintiff’s land, and to recover $500 damages. The substance of the answer is. given in the second paragraph of the opinion. Plaintiff’s demurrer to the answer on the ground that it did not state facts sufficient to constitute a defense was overruled, Childress, J. From the order overruling his demurrer, plaintiff appealed.
1Opinion of the Court
BROWN, 0. J.
Defendants own in severalty the different tracts of land described in the complaint, which they occupy and devote to agricultural purposes. The tracts lie contiguous to each other and border on the south line of plaintiff’s land. Defendants joined in the construction of a tile drain, with laterals connecting different parts of their respective farms, for the purpose of draining low places thereon of surface waters, and the waters collected therein are by the main tile cast upon the land of plaintiff. Plaintiff brought this action to restrain the maintenance of the drain, charging…
2Cases cited10 opinions
- Bohn Manufacturing Co. v. HollisSupreme Court of Minnesota · 1893
- Sheehan v. FlynnSupreme Court of Minnesota · 1894
- Curtiss v. . AyraultNew York Court of Appeals · 1871
- Neal v. Ohio River R.West Virginia Supreme Court · 1899
- Oftelie v. Town of HammondSupreme Court of Minnesota · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Heller v. Fire Insurance ExchangeSupreme Court of Colorado · 1990
- Enderson v. KelehanSupreme Court of Minnesota · 1948
- Kallevig v. HolmgrenSupreme Court of Minnesota · 1972
- Johnson v. AgerbeckSupreme Court of Minnesota · 1956
- Sandmeier v. Town of St. JamesSupreme Court of Minnesota · 1925
6 more not listed; retrieve them via the Exa API.