McKenzie v. Mississippi & Rum River Boom Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Hen-nepin county, Young, J., presiding, refusing a new trial, after verdict of $300 for plaintiff. The case is stated in the opinion. To constitute a tort, both a wrong and damage must co-operate. Damnum absque injuria will not give a'cause of action.
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Appeal by defendant from an order of the district court for Hen-nepin county, Young, J., presiding, refusing a new trial, after verdict of $300 for plaintiff. The case is stated in the opinion. To constitute a tort, both a wrong and damage must co-operate. Damnum absque injuria will not give a'cause of action. Cooley on Torts, 00, 62; Moak’s Underhill on Torts, 5. The rule of law having special application to this case is as follows: “If a party in the exercise of a legal right, more especially one conferred by express statute, does an injury to another’s property, he is not liable for…
1Opinion of the CourtBerry, J.
During the years 1880'and 1881, plaintiff was in the possession and occupation of a tract of land situated on the left bank of Bum river, in Anoka county, and embracing the shore thereof for about three-quarters of a mile. Bum river is a navigable stream, under the laws of the United States, and of sufficient size for floating logs and lumber, and much used for that purpose. Prior to 1880 defendant had erected a boom across the river, with reference to the holding and running of logs, under a charter granted by the territory of Minnesota, May 21, 1857, and acts amendatory. The plaintiff…
2Cases cited2 opinions
- Grand Rapids Booming Co. v. JarvisMichigan Supreme Court · 1874
- Weaver v. Mississippi & Rum River Boom Co.Supreme Court of Minnesota · 1881
3Cited by6 opinions
- Nelson v. WilsonSupreme Court of Minnesota · 1953
- Swanson v. Mississippi & Rum River Boom Co.Supreme Court of Minnesota · 1890
- Carlson v. St. Louis River Dam & Improvement Co.Supreme Court of Minnesota · 1898
- Payne v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1892
- Alabama Lumber Co. v. KeelSupreme Court of Alabama · 1899
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