Nye v. Kahlow
Supreme Court of Minnesota
Action in the district court for L,e Sueur county to enjoin the maintenance by defendant of a drainage ditch by which surface water on defendant’s land was diverted to the land of plaintiff, and to recover $1,000 for injuries to plaintiff’s land caused by water so diverted. The case was tried before Cadwell, J., who made findings of fact and as conclusions of law found that plaintiff'was entitled to a permanent injunction and to $25 damages.
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Action in the district court for L,e Sueur county to enjoin the maintenance by defendant of a drainage ditch by which surface water on defendant’s land was diverted to the land of plaintiff, and to recover $1,000 for injuries to plaintiff’s land caused by water so diverted. The case was tried before Cadwell, J., who made findings of fact and as conclusions of law found that plaintiff'was entitled to a permanent injunction and to $25 damages. From an order, Morrison, J., denying a motion for a new trial, defendant appealed.
1DissentJaggakd, J.
I dissent. The doctrine laid down in Sheehan v. Flynn, 59 Minn. 436, 61 N. W. 462, 26 L. R. A. 632, and in other cases following it, is subject to persistent, and in large measure just, criticism. It is based primarily upon the proposition that one man’s necessities may be the measure of another man’s legal right. It has, however, been enforced so long and so often as to become a rule of property. It would therefore be unfair and unjust to refuse to apply it to cases to which it is of reasonable necessity applicable. There is, however, no reason for extending it beyond its strict logical…
2Cases cited5 opinions
- Sheehan v. FlynnSupreme Court of Minnesota · 1894
- McClure v. City of Red WingSupreme Court of Minnesota · 1881
- Gibbs v. WilliamsSupreme Court of Kansas · 1881
- Wisconsin v. TorinusSupreme Court of Minnesota · 1881
- Werner v. PoppSupreme Court of Minnesota · 1905