Simons v. Munch
Supreme Court of Minnesota
Action of ejectment in the district court for Pine county, and to determine that plaintiff is the owner of certain land and entitled 'to recover $2,000 damages for the use and occupation of the same.
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Action of ejectment in the district court for Pine county, and to determine that plaintiff is the owner of certain land and entitled 'to recover $2,000 damages for the use and occupation of the same. The answer alleged that, for fifty years prior to the commencement of the action, the Chengwatonna dam had been maintained and used continuously for improving navigation and to create water power for manufacturing purposes; that the sole owner at the time of answer was the Pine City Electric Power Company; that it was using the water created by the dam for the purpose of generating electric power…
1Opinion of the CourtBunn, J.
This is an action in ejectment to recover the possession of lands from defendants, who claim a perpetual easement therein to overflow the same, incident to the maintenance of Chengwatonna dam. The action was commenced in 1906, and was before this court in Reynolds v. Munch, 100 Minn. 114, 110 N. W. 368, where it was held that ejectment was the proper form of action, and again in Simons v. Munch, 107 Minn. 370, 120 N. W. 373, 121 N. W. 878, where a decision of the trial court in favor of defendants was reversed and a new trial granted. After the case was returned to the district court, the…
2Cases cited8 opinions
- Swan v. MunchSupreme Court of Minnesota · 1896
- Village of Pine City v. MunchSupreme Court of Minnesota · 1890
- Avery v. Vermont Electric Co.Supreme Court of Vermont · 1903
- Whitehair v. BrownSupreme Court of Kansas · 1909
- Anderson v. MunchSupreme Court of Minnesota · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Slater v. Shell Oil CompanyCalifornia Court of Appeal · 1940
- Minnesota Land & Immigration Co. v. MunchSupreme Court of Minnesota · 1912
- Simons v. MunchSupreme Court of Minnesota · 1914
- Munch v. McGrathSupreme Court of Minnesota · 1914
- Pahl v. Long Meadow Gun ClubSupreme Court of Minnesota · 1930
2 more not listed; retrieve them via the Exa API.