Munch v. McGrath
Supreme Court of Minnesota
Action in the district court for Washington county to recover $3,469, the.amount of judgments recovered against plaintiffs in actions against them by persons whose lands had been flooded by defendant’s use of the dam rented by him from plaintiffs. The case was tried before Stolberg, J., who made findings that the action be dismissed and that defendant recover his costs and disbursements. From an order denying their motion for a new trial, plaintiffs appealed.
1Per curiam
For many years plaintiffs and their predecessors in title were the owners of the Chengwatonna dam, on the Snake river near Pine City. The dam was constructed with sluice-gates through which logs were driven over the dam, and it was used as a sluice-dam for many years, down to and including 1902, so long in fact that plaintiffs’ ancestors and predecessors in title had acquired a prescriptive right to flow adjacent lands as an incident to the use of the dam for sluicing logs. Swan v. Munch, 65 Minn. 500, 67 N. W. 1022. In 1903 the dam was partly destroyed. Defendant owned standing timber…
2Cases cited2 opinions
- Swan v. MunchSupreme Court of Minnesota · 1896
- Simons v. MunchSupreme Court of Minnesota · 1911
3Cited by1 opinion
- Parten v. First National Bank & Trust Co.Supreme Court of Minnesota · 1938