Fossum v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Action in the district court for Fillmore county to recover $400 damages for filling up a culvert, diverting water, and discharging it on plaintiff’s land. The case was tried before Kingsley, J., and a jury, which rendered a verdict in favor of plaintiff for $125. From an order denying a motion for a new trial, defendant appealed. An owner may improve his land for the purposes for which such land is ordinarily used, and may do what is necessary for that purpose.
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Action in the district court for Fillmore county to recover $400 damages for filling up a culvert, diverting water, and discharging it on plaintiff’s land. The case was tried before Kingsley, J., and a jury, which rendered a verdict in favor of plaintiff for $125. From an order denying a motion for a new trial, defendant appealed. An owner may improve his land for the purposes for which such land is ordinarily used, and may do what is necessary for that purpose. He may build on it, or raise or lower its surface, even though the effect may be to prevent surface water which before flowed upon…
1Opinion of the CourtStart, C. J.
The defendant’s railway crosses the farm of the plaintiff from northeast to southwest at the foot of a bluff. From the top, and along the side of this bluff, water from rain and melting snow flows *12down to and along the north side of the defendant’s roadbed. The plaintiff claims that for some twenty years prior to April, 1898, the defendant maintained a culvert under its roadbed across a well-defined natural channel, along and through which such water was accustomed to flow to the river, doing no injury to the plaintiff’s land; that on the date stated the defendant wrongfully filled up the…
2Cases cited3 opinions
- McClure v. City of Red WingSupreme Court of Minnesota · 1881
- Jungblum v. Minneapolis, New Ulm & Southwestern RailroadSupreme Court of Minnesota · 1897
- Blondel v. St. Paul City Railway Co.Supreme Court of Minnesota · 1896
3Cited by9 opinions
- Grant v. CommissionerUnited States Board of Tax Appeals · 1934
- Greenwood v. Evergreen Mines Co.Supreme Court of Minnesota · 1945
- Skinner v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
- Howard v. Illinois Central RailroadSupreme Court of Minnesota · 1911
- Kallevig v. HolmgrenSupreme Court of Minnesota · 1972
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