Eastman v. St. Anthony Falls Water Power Co.
Supreme Court of Minnesota
This action was brought in the District Corn-t for Hennepin County, on the 11th day of September, 1865, to remove so much of the dam of the St. Anthony Falls Water Power Company, as causes the water of the Mississippi river to flow above its natural level upon the shore of Nicollet Island, in said river, owned by plaintiffs, and thereby destroying plaintiffs’ water, power, and to restrain the defendants from ever erecting or maintaining any dam so as to obstruct the natural…
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This action was brought in the District Corn-t for Hennepin County, on the 11th day of September, 1865, to remove so much of the dam of the St. Anthony Falls Water Power Company, as causes the water of the Mississippi river to flow above its natural level upon the shore of Nicollet Island, in said river, owned by plaintiffs, and thereby destroying plaintiffs’ water, power, and to restrain the defendants from ever erecting or maintaining any dam so as to obstruct the natural flow of said river about said island. The defendants, the St. Anthony Falls Water Power Company, and Samuel Chute,…
1Opinion of the Court
By the Gowrt.
Berry, J.
This is an action of an equitable nature, in which the relief sought is the removal of the dam complained of, and an injunction restraining the defendants from ever erecting or maintaining a dam so as to injure the plaintiffs’ described premises. The application for. the interference of a Court of Equity rests, as it could only rest, upon the alleged fact that the dam is an existing nuisance. It is contended by the counsel for the appellants, that the limitation provided in Section 12 of Chap. 60, found on page 533 Pub. Stat., applies to this case. By this section the…
2Cases cited4 opinions
- Seager v. BurnsSupreme Court of Minnesota · 1860
- Kennedy v. WilliamsSupreme Court of Minnesota · 1866
- Thornton v. TurnerSupreme Court of Minnesota · 1866
- Ozmun v. ReynoldsSupreme Court of Minnesota · 1866
3Cited by6 opinions
- Simon v. NanceCourt of Appeals of Texas · 1911
- State ex rel. Kelly v. Probate Court ofSupreme Court of Minnesota · 1901
- Smith v. ForceSupreme Court of Minnesota · 1883
- Thornton v. WebbSupreme Court of Minnesota · 1868
- Cook v. KendallSupreme Court of Minnesota · 1868
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