Legal Opinion

St. Anthony Falls Water-Power Co. v. City of Minneapolis

Supreme Court of Minnesota

Decided July 17, 1889PublishedCited by 15 opinions

Plaintiff brought this action in the district court for Hennepin ■county, to restrain the defendant from destroying or removing any part of plaintiff’s dams in the Mississippi river (described in the opinion) or from interfering with or disturbing the flow of water of the river to the mills and machinery of plaintiff’s grantees.

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Plaintiff brought this action in the district court for Hennepin ■county, to restrain the defendant from destroying or removing any part of plaintiff’s dams in the Mississippi river (described in the opinion) or from interfering with or disturbing the flow of water of the river to the mills and machinery of plaintiff’s grantees. The defendant in its answer pleaded, among other things, the rights acquired by it under the deed of April 11, 1865, from Farnham & Lovejoy to Cutter and others, mentioned in the opinion, and prayed an injunction restraining plaintiff from interfering with such…

1Opinion of the CourtMitchell, J.

The rights of the parties depend almost entirely ■upon the effect of the deed of April 11, 1865, from Farnham & Lovejoy to Cutter, Secombe & Carpenter. To aid in the construction of this deed, and to understand the purpose of the grant, it is proper to refer to the character and condition of the premises at the time. Hennepin island, in the Mississippi river, immediately above St. Anthony Falls, derived its principal if not its only value from the water-power appurtenant. Kingsley, the original proprietor of the whole island, first conveyed to plaintiff’s remote grantors all -of the island…

2Cases cited1 opinion

  1. Morrill v. Saint Anthony Falls Water-Power Co.Supreme Court of Minnesota · 1879

3Cited by15 opinions

  1. Thompson v. EnzMichigan Supreme Court · 1967
  2. Snow v. AbalosNew Mexico Supreme Court · 1914
  3. Johnson v. SeifertSupreme Court of Minnesota · 1960
  4. Lawrie v. SilsbySupreme Court of Vermont · 1904
  5. International Lumber Co. v. StaudeSupreme Court of Minnesota · 1919

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