Eastman v. St. Anthony Falls Water-Power Co.
Supreme Court of Minnesota
The plaintiffs sought in this action to rescind and annul a ■certain compromise and settlement theretofore entered into by them with the defendant, and also for the abatement and removal of defendant’s dam, whereby the water of the Mississippi river was raised above its natural level opposite the premises of the plaintiffs. The action was brought in the ■district court for Hennepin county.
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The plaintiffs sought in this action to rescind and annul a ■certain compromise and settlement theretofore entered into by them with the defendant, and also for the abatement and removal of defendant’s dam, whereby the water of the Mississippi river was raised above its natural level opposite the premises of the plaintiffs. The action was brought in the ■district court for Hennepin county. The defendant demurred upon the ground that the complaint did not state facts sufficient to constitute a cause of action. The court, Vcmderbwrgh, J., presiding, sustained the demurrer, and the plaintiffs…
1Opinion of the CourtLord, J.
The complaint shows that at the date of the agreements hereinafter mentioned plaintiffs were in posses*438sion, and for the present purpose may be considered the owners, of Nicollet Island, (an island in the’Mississipi river, above and near the Falls of St. Anthony,) and that there was then and still is a water-power appurtenant to said island; that defendant owned Hennepin Island, an island in said river below but near Nicollet Island, and had erected a dam across said fiver between its east bank and Hennepin Island,, and up said river to the west of and above the lower end of Nicollet Island,…
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