Legal Opinion

Barnard v. City of Fergus Falls

Supreme Court of Minnesota

Decided October 27, 1911No. Nos. 17,351—(133)PublishedCited by 6 opinions

Action in the district court for Otter Tail county to recover $1,000, damage to plaintiff’s stock of goods stored in a basement which was flooded in conséquence of the breaking of defendant’s dam. The case was tried before Nye, J., and a jury which returned a verdict in favor of defendant. From an order denying plaintiff’s motion for a new trial; he appealed.

1Opinion of the CourtBunn, J.

Defendant is a municipal corporation of this state and empowered to furnish light for municipal purposes and to supply light to its inhabitants for profit. In the years 1907 and 1908 defendant built upon premises owned by it a concrete dam across the Red River of the North, with a power house thereon, for the purposes aforesaid. This dam raised the water of the river to a height of about twenty-five feet. The backwater extended for a distance of' about one mile above the dam. The plant was finished, accepted by the defendant, and put in operation in November, 1908. From this time until…

2Cases cited1 opinion

  1. City Water Power Co. v. City of Fergus FallsSupreme Court of Minnesota · 1910

3Cited by6 opinions

  1. Brizendine v. Nampa Meridian Irrigation DistrictIdaho Supreme Court · 1976
  2. Kleinman v. Banner Laundry Co.Supreme Court of Minnesota · 1921
  3. Ryan v. St. Paul Union Depot Co.Supreme Court of Minnesota · 1926
  4. Willie v. Minnesota Power & Light Co.Supreme Court of Minnesota · 1933
  5. Winans v. Northern States Power Co.Supreme Court of Minnesota · 1924

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