Finch v. Green
Supreme Court of Minnesota
The plaintiff brought this action in the district court for Steele county, demanding damages for the overflowing of his land, occasioned by the defendant’s mill-dam, an injunction against the maintenance of the dam, and its abatement.
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The plaintiff brought this action in the district court for Steele county, demanding damages for the overflowing of his land, occasioned by the defendant’s mill-dam, an injunction against the maintenance of the dam, and its abatement. The complaint alleges the erection of a dam in 1856, and its maintenance until 1867, which did not cause any overflow, or injury to plaintiff’s land; that in 1867, defendant erected, at or near the place where the original dam was built, a new stone dam, which was higher than the old dam, and caused the injury of which he complained. The answer alleges that the…
1Opinion of the Court
By the Court
Berry, J.
Plaintiff brings this action to recover damages for the overflowing of his land by reason of a dam, which, as he claims, defendant has erected and maintains at a greater height than he has a right to do. Plaintiff also prays for an injunction and abatement.
I. Upon the trial defendant asked one Tuttle, a witness called by him, and who stated that he was employed by defendant to build, and had charge of the construction of the dam, the following question: “At the time of building the present dam, what instructions did you have from the defendant as to the height to which…
2Cases cited4 opinions
- Williams v. BaldwinNew York Supreme Court · 1821
- Berkey v. JuddSupreme Court of Minnesota · 1869
- Eddy, Fenner & Co. v. CaldwellSupreme Court of Minnesota · 1862
- Mead v. ConstansSupreme Court of Minnesota · 1861
3Cited by15 opinions
- Nicholas v. CommonwealthSupreme Court of Virginia · 1895
- People v. Sing YowCalifornia Supreme Court · 1904
- People v. AlboriCalifornia Court of Appeal · 1929
- Todd v. BetttngenSupreme Court of Minnesota · 1907
- Hammond, Whiting & East Chicago Electric Railway Co. v. SpyzchalskiIndiana Court of Appeals · 1897
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