Winans v. Northern States Power Co.

Lees, C.

Bespondent sued to recover damages for the destruction of the steamboat Samson, and had a verdict for $4,600. A motion in the alternative for judgment or a new trial was denied and the case is here on appeal from the order.

Several years prior to 1919, appellant’s predecessors in interest constructed a dam across the Mississippi river near Coon creek in Anoka county and built a powerhouse there to make use of the water power. The height of the dam was 17-J feet. Under ordinary conditions the water level in the basin behind the dam was maintained at 838.3 feet above sea level. The dam…