McClure v. City of Red Wing
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Goodhue county, Crosby, J., presiding, refusing a new trial. The case is stated in the opinion. The city had no right to divert the water from its natural course, and is answerable for the consequences, the same as a private individual. Ashley v. City of Port Huron, 35 Mich. 296; Pannoyer v. City of Saginaw, 8 Mich. 534; Smithy.
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Appeal by plaintiff from an order of the district court for Goodhue county, Crosby, J., presiding, refusing a new trial. The case is stated in the opinion. The city had no right to divert the water from its natural course, and is answerable for the consequences, the same as a private individual. Ashley v. City of Port Huron, 35 Mich. 296; Pannoyer v. City of Saginaw, 8 Mich. 534; Smithy. City of Milwaukee, 18 Wis. 63; Adams v. Walker, 34 Conn. 466; Hooker v. New Haven db Northampton Co., 14 Conn. 146; Martin y. Riddle, 26 Pa. St. 415 ; Miller v. Laubach, 47 Pa. St. 154; Pumpelly v. Green Bay…
1Opinion of the CourtMitchell, J.
Action for damages to plaintiff’s real property, resulting from the alleged negligence and wrong of defendant. When plaintiff rested his case, the court, upon motion of defendant, under plaintiff’s objection, dismissed the action. Plaintiff appeals from an order refusing a new trial. The evidence introduced by plaintiff upon the trial tended to prove the following facts: (This evidence will be better understood in connection with the annexed plat, Exhibit A,* which was also received in evidence as being a correct map or plat of the property in question and its surroundings.) Lots 1 and 2,…
2Cases cited5 opinions
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- O'Brien v. City of St. PaulSupreme Court of Minnesota · 1878
- Van Pelt v. City of DavenportSupreme Court of Iowa · 1875
- City of Detroit v. BeckmanMichigan Supreme Court · 1876
3Cited by39 opinions
- Sheehan v. FlynnSupreme Court of Minnesota · 1894
- Simmons v. WintersOregon Supreme Court · 1891
- Hoefs v. ShortTexas Supreme Court · 1925
- Midgett v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1963
- Chicago, R. I. & P. Ry. Co. v. GrovesSupreme Court of Oklahoma · 1908
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