Hueston v. Mississippi & Rum River Boom Co.
Supreme Court of Minnesota
Action in the district court for Anoka county to recover $2,100 damages for overflowing plaintiff’s land. The case was tried before Tarbox, J., and a jury, which rendered a verdict in favor of plaintiff for $676.54; and from a judgment entered in pursuance of the verdict, defendant appealed. The measure of damages for injury to the meadow land was the difference between its value before and after the injury. Ward v. Chicago, M. & St. P. Ry.
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Action in the district court for Anoka county to recover $2,100 damages for overflowing plaintiff’s land. The case was tried before Tarbox, J., and a jury, which rendered a verdict in favor of plaintiff for $676.54; and from a judgment entered in pursuance of the verdict, defendant appealed. The measure of damages for injury to the meadow land was the difference between its value before and after the injury. Ward v. Chicago, M. & St. P. Ry. Co., 61 Minn. 449. It was improper to allow testimony as to the value of the use of the land during the season of 1897, or as to the ultimate value of the…
1Opinion of the CourtMitchell, J.
In 1897 the plaintiff, as vendee under an executory contract of sale, was in possession of a tract of land in Anoka county bordering on the Mississippi river, a tributary of which, called “Rice Creek,” ran through the land. On this creek there was a mill for grinding flour and feed, operated by water power furnished by the creek. The mill had been operated by the plaintiff for some years, and had an established line of custom. About six acres of plaintiff’s land near the river were used and were especially adapted for pasturage. The balance of the land was used in connection with the mill and…
2Cases cited2 opinions
- Weaver v. Mississippi & Rum River Boom Co.Supreme Court of Minnesota · 1881
- Ward v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1895
3Cited by20 opinions
- Krakow v. WilleWisconsin Supreme Court · 1905
- Summers v. Midland Co.Supreme Court of Minnesota · 1926
- Foster Lumber Co. v. Arkansas Valley & W. Ry. Co.Supreme Court of Oklahoma · 1908
- Shraiberg v. HansonSupreme Court of Minnesota · 1917
- Bowers v. Mississippi & Rum River Boom Co.Supreme Court of Minnesota · 1899
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