Baldwin v. Fisher
Supreme Court of Minnesota
Action in the district court for Stearns county to enjoin-.-defend.ants from filling up or interfering with a certain ditch,. or destroying plaintiff’s crops, or breaking down any of his fences, upon certain described premises.
Read the full summary
Action in the district court for Stearns county to enjoin-.-defend.ants from filling up or interfering with a certain ditch,. or destroying plaintiff’s crops, or breaking down any of his fences, upon certain described premises. The complaint .alléged that from a meadow near the centre of section 35 a natural .ravine extended north and emptied .into a. .creek which drained the-entire region; that-the ravine was the natural .■and only outlet .for all the water on the’ meadow; -that in the- distance of-three quarters of a mile from the meadow to the creek there is a fall of more than fifty feet;…
1Opinion of the CourtO’Brien, J.
This is an action to restrain the defendants, Forest B. Fisher, Albert E. Fisher, and James E. Howes, from trespassing upon certain lands to which the plaintiff claims title, and from obstructing or interfering with a watercourse deepened and improved by the plaintiff.(a) The plaintiff owns the south half of the northeast quarter of section 35, township 122, range 28. The record is somewhat obscure as to the north half of the quarter, but it is owned either by the defendants, Albert E.-Fisher and James E. Howes, or by Albert E. Fisher and Mrs. Howes. The plaintiff claims a natural watercourse…
2Cases cited15 opinions
- Kray v. MuggliSupreme Court of Minnesota · 1901
- Witt v. St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1888
- Sherin v. BrackettSupreme Court of Minnesota · 1886
- Toledo, St. Louis & New Orleans R. R. v. St. Louis & Ohio River RailroadIllinois Supreme Court · 1904
- Munsch v. StelterSupreme Court of Minnesota · 1910
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Theros v. PhillipsSupreme Court of Minnesota · 1977
- Naporra v. WeckwerthSupreme Court of Minnesota · 1929
- Deskins v. RogersSupreme Court of Oklahoma · 1919
- Schuette v. SutterSupreme Court of Minnesota · 1915
- Herrmann v. LarsonSupreme Court of Minnesota · 1943
4 more not listed; retrieve them via the Exa API.