Johnson v. County of Morrison
Supreme Court of Minnesota
Action in the district court for Morrison county to restrain defendants from maintaining a certain ditch and from overflowing plaintiff’s land and to declare the ditch a nuisance and to require defendants to fill in the ditch, and for $400 damages.
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Action in the district court for Morrison county to restrain defendants from maintaining a certain ditch and from overflowing plaintiff’s land and to declare the ditch a nuisance and to require defendants to fill in the ditch, and for $400 damages. The case was tried before Taylor, J., who made findings and as conclusions of law found that plaintiff was entitled to judgment enjoining defendants from maintaining the ditch, and requiring defendants to abate the same and prevent any greater flow of water upon plaintiff’s land than would flow upon such land had the place where the ditch was…
1Opinion of the CourtElliott, J.
On April 17, 1905, a petition for the construction of a ditch lying wholly in Morrison county, Minnesota, was filed in the office of the county auditor of that county. An engineer was appointed, his report and that of viewers made, and notice given that the matter would be heard before the county commissioners on October 16, 1905. The ditch was established, contracts for its construction entered into, and the work completed in November 1906. The respondent owns land six or seven miles from the place where the ditch enters Tittle Elk river. On August 24, 1906, a heavy rain caused the water to…
2Cases cited6 opinions
- State ex rel. Utick v. Board of County CommissionersSupreme Court of Minnesota · 1902
- Curran v. County of SibleySupreme Court of Minnesota · 1891
- Chadbourne v. ZilsdorfSupreme Court of Minnesota · 1885
- Sonnek v. Town of Minnesota LakeSupreme Court of Minnesota · 1892
- Cleveland v. MillerMichigan Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. JohnsonSupreme Court of Minnesota · 1910
- Gourd v. County of MorrisonSupreme Court of Minnesota · 1912
- Slingerland v. ConnSupreme Court of Minnesota · 1911
- Munn v. Board of SupervisorsSupreme Court of Iowa · 1913
- Fry v. County of MorrisonSupreme Court of Minnesota · 1917