Howard v. Illinois Central Railroad
Supreme Court of Minnesota
Action in tbe district court for Mower county to recover $2,000 damages for the flooding of certain lands for a period of six years, through defendant’s alleged negligence in building and maintaining an embankment, and collecting surface water in ditches and burrow holes along its right of way.
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Action in tbe district court for Mower county to recover $2,000 damages for the flooding of certain lands for a period of six years, through defendant’s alleged negligence in building and maintaining an embankment, and collecting surface water in ditches and burrow holes along its right of way. The answer denied negligence on its part either in the construction or maintenance of its roadbed or embankment; alleged that its railroad was built in a careful manner and that the construction was the usual one followed by railroads; that plaintiffs sustained no damages save such as were incident to…
1Opinion of the CourtStart, C. J.
The plaintiffs are, and during all the times hereinafter stated were, the owners of a farm of three hundred twenty acres in the township of Lyle, this state. A public highway running east and west divides the land; there being one hundred sixty acres north of the highway and a like quantity on the south of it. The defendant’s railroad crosses a natural watercourse, about three rods wide, known as Woodbury creek, upon a trestle at a point some one hundred twenty rods east of the plaintiff’s land, thence runs westerly on and over *191their south quarter section,- and after leaving this quarter it…
2Cases cited7 opinions
- Sheehan v. FlynnSupreme Court of Minnesota · 1894
- Jungblum v. Minneapolis, New Ulm & Southwestern RailroadSupreme Court of Minnesota · 1897
- Oftelie v. Town of HammondSupreme Court of Minnesota · 1899
- Nye v. KahlowSupreme Court of Minnesota · 1906
- Brown v. Winona & Southwestern Railway Co.Supreme Court of Minnesota · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Enderson v. KelehanSupreme Court of Minnesota · 1948
- Skinner v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
- Rieck v. SchamanskiSupreme Court of Minnesota · 1912
- Watre v. Great Northern Railway Co.Supreme Court of Minnesota · 1914
- Hopkins v. TaylorSupreme Court of Minnesota · 1915
5 more not listed; retrieve them via the Exa API.