Bissel v. Olson
North Dakota Supreme Court
Appeal from an order of the District Court for Ward County, Leighton, J. Statement of Facts. This is an appeal from an order of the district court of Ward county, enjoining the defendant from maintaining a bridge across the Mouse river, a short distance northwest of the city of Minot, and directing the destruction of such bridge if not removed within twenty-four hours after the granting of the order.
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Appeal from an order of the District Court for Ward County, Leighton, J. Statement of Facts. This is an appeal from an order of the district court of Ward county, enjoining the defendant from maintaining a bridge across the Mouse river, a short distance northwest of the city of Minot, and directing the destruction of such bridge if not removed within twenty-four hours after the granting of the order. The order was made on a hearing, upon affidavits presented by both parties, immediately after the commencement of an action to permanently enjoin the maintenance of such bridge, and pending the…
1Opinion of the Court
SpaldiNg, Oh. J.
Before considering the navigability of the stream, which is the question here involved, attention 'must be called to a few well-established principles.
1. When a stream claimed to be navigable is not meandered nor declared navigable by the legislature, it is presumed to be non-navigable, and the burden is upon the party claiming it to be navigable to show that it is so in fact. Morrison Bros. v. Coleman, 87 Ala. 655, 5 L.R.A. 384, 6 So. 374; Allaby v. Mauston Electric Service Co. 135 Wis. 345, 16 L.R.A.(N.S.) 420, 116 N. W. 4; Clute v. Briggs, 22 Wis. 607; Gaston v. Mace, 33 W.…
2Cases cited31 opinions
- The Daniel BallSupreme Court of the United States · 1871
- The MontelloSupreme Court of the United States · 1874
- Lamprey v. StateSupreme Court of Minnesota · 1893
- Harrison v. FiteCourt of Appeals for the Eighth Circuit · 1906
- Morgan v. . KingNew York Court of Appeals · 1866
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3Cited by5 opinions
- Roberts v. TaylorNorth Dakota Supreme Court · 1921
- Amoco Oil Co. v. State Highway DepartmentNorth Dakota Supreme Court · 1978
- Frazie v. Orleans Dredging Co.Mississippi Supreme Court · 1938
- Sand ex rel. All other Taxpayers of Scott School District No. 12 v. PetersonNorth Dakota Supreme Court · 1915
- State v. OlsonNorth Dakota Supreme Court · 1913