Bowers v. Mississippi & Rum River Boom Co.
Supreme Court of Minnesota
Action in the district court for Anoka county to recover $1,000 damages for injuries to plaintiff’s land, caused by placing piling in the Mississippi river, whereby water was caused to flow over the land. The case was tried before McGee, acting judge, who directed a verdict in favor of defendant; and from an order denying a motion for a new trial, plaintiff appealed. The former judgment ismot a bar.
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Action in the district court for Anoka county to recover $1,000 damages for injuries to plaintiff’s land, caused by placing piling in the Mississippi river, whereby water was caused to flow over the land. The case was tried before McGee, acting judge, who directed a verdict in favor of defendant; and from an order denying a motion for a new trial, plaintiff appealed. The former judgment ismot a bar. When the continuance of an act is necessarily injurious and of a permanent character, but the act may or ma.y not be continued, 'or may or may not be injurious, the injury to be compensated for is…
1Opinion of the Court
START, C. J.1
This is an action to recover damages which the plaintiff claims to have sustained by the act of the defendant in placing piling in the Mississippi river opposite his farm, whereby the water in the river was turned from its natural course, and carried upon and against his land, washing away the shores thereof. The answer admitted and alleged that in the year 1887 the defendant, in the exercise of its charter powers as a corporation engaged in the business of booming and driving logs, placed the piling in the river for the purpose of keeping floating logs off from the sand bars…
2Cases cited12 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Adams v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1888
- Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
- Wells v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1890
- Lamm v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Northern States Power Co. v. FranklinSupreme Court of Minnesota · 1963
- Conger v. Pierce CountyWashington Supreme Court · 1921
- Hebert v. City of Fifty LakesSupreme Court of Minnesota · 2008
- Heath v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1914
- Robinson v. WestmanSupreme Court of Minnesota · 1947
10 more not listed; retrieve them via the Exa API.