Sheehan v. Flynn
Supreme Court of Minnesota
Appeal by defendant, Edward Flynn, from a judgment of the District Court of Washington County, F. M. Crosby, J., entered December 27, 1893, restraining him from laying drain pipe on Ms land to carry off water from a depression thereon. Defendant owns the northwest quarter of section seventeen T. 29, B. 20, in the township of Baytown, Washington County.
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Appeal by defendant, Edward Flynn, from a judgment of the District Court of Washington County, F. M. Crosby, J., entered December 27, 1893, restraining him from laying drain pipe on Ms land to carry off water from a depression thereon. Defendant owns the northwest quarter of section seventeen T. 29, B. 20, in the township of Baytown, Washington County. Twenty acres in the southwestern part of his land is slightly lower than the residue and has a deep rich soil, but in times of melting snow or heavy rains shallow water covers it until it soaks into the ground or evaporates. On the west line of…
1Opinion of the CourtCanty, J.
Plaintiff is the owner of eighty acres of land, and the defendant of one hundred and sixty acres, all in the same section, but not .adjoining, there being a forty-acre tract between the land of plaintiff and that of defendant. Bordering on the land of plaintiff is a lake covering about thirty acres, which does not touch the land of defendant. On one side of defendant’s land is a depression in the surface of the ground, and in the seasons of high water, melting *440snows, and heavy rains, in the spring, surface waters accumulate In it to a depth of about four feet, and cover about twenty acres.…
2Cases cited10 opinions
- Hughes v. AndersonSupreme Court of Alabama · 1880
- O'Brien v. City of St. PaulSupreme Court of Minnesota · 1878
- McClure v. City of Red WingSupreme Court of Minnesota · 1881
- Pye v. City of MankatoSupreme Court of Minnesota · 1887
- Kobs v. City of MinneapolisSupreme Court of Minnesota · 1875
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3Cited by81 opinions
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- Keys v. RomleyCalifornia Supreme Court · 1966
- Pendergrast v. AikenSupreme Court of North Carolina · 1977
- Enderson v. KelehanSupreme Court of Minnesota · 1948
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