Cook v. Kendall
Supreme Court of Minnesota
The plaintiffs were the owners of a grist-mill and'dam erected by them in 186J on a stream of water flowing from Labe "Washington, in Le Sueur county, and constituting its outlet. They brought this suit in the District Court for that county, alléging that in January,-1868, by the acts of the defendants, the water was dammed up and obstructed, at the outlet of said lake above plaintiff’s mill,, so as to stop its natural flow, and prevent the running of plaintiff’s mill.
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The plaintiffs were the owners of a grist-mill and'dam erected by them in 186J on a stream of water flowing from Labe "Washington, in Le Sueur county, and constituting its outlet. They brought this suit in the District Court for that county, alléging that in January,-1868, by the acts of the defendants, the water was dammed up and obstructed, at the outlet of said lake above plaintiff’s mill,, so as to stop its natural flow, and prevent the running of plaintiff’s mill. They demanded the damages resulting from the stopping of the mill, and .that a writ of injunction issue restraining the…
1Opinion of the Court
Wilson, Oh. J.
By the Court This is an appeal from an order modifying an injunction.
The only ground for the appeal urged is that the action is barred by the statute of limitations, and the case of Eastman vs. St. Anthony Falls Water Power Co., 12 Minn., 137; and Sec. 17, chap. 31, Gen. Stat., are relied on in support of the appellants’ views. The decision referred to only holds that Seo. 12, Chap. 60, Comp. Stat., limited the time for commencing an action of this kind to ten years after the cause of action arose. But that section was repealed'in 1866, before this plaintiff had a right of…
2Cases cited4 opinions
- Flippin v. HaysCourt of Appeals of Kentucky · 1860
- Burwell v. TullisSupreme Court of Minnesota · 1867
- Eastman v. St. Anthony Falls Water Power Co.Supreme Court of Minnesota · 1866
- Hazell v. ShelbyIllinois Supreme Court · 1849
3Cited by2 opinions
- Brisbin v. FarmerSupreme Court of Minnesota · 1871
- Fitz Simons & Connell Co. v. Braun & FittsAppellate Court of Illinois · 1901