Biron v. Board of Water Commissioners
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Ramsey county, Brill, J., presiding, sustaining a demurrer to the complaint, in which the plaintiff asked judgment for $40,000.
1Opinion of the CourtDickinson, J.
The order sustaining the demurrer to the complaint should be affirmed. The action is for the recovery of damages for the drawing of water from Lake Yadnais by means of an arti*520ficial aqueduct, diminishing the flow of water in the creek which is the outlet of that lake. The complaint, with the stipulation made 'upon the submission of the demurrer, discloses that the liability of this board of water commissioners, in its organized capacity, to an action, is regulated by the provisions of Sp. Laws 1885, c. 110, to which reference is made in the complaint. Section 35 of that act prescribes, in…
2Cases cited3 opinions
- Home Insurance v. DukeIndiana Supreme Court · 1873
- Bryant v. LivermoreSupreme Court of Minnesota · 1874
- People v. JacksonCalifornia Supreme Court · 1864
3Cited by3 opinions
- Drainage District No. 2 v. Ada CountyIdaho Supreme Court · 1924
- Mitchell v. City of St. PaulSupreme Court of Minnesota · 1949
- Somers v. DawsonSupreme Court of Minnesota · 1902