Currie v. Silvernale
Supreme Court of Minnesota
Action in the district court for Murray county to recover $5,000 for trespass and for an injunction to prevent further trespass in erecting or maintaining the dam mentioned in the opinion. The answer set up substantially the facts stated in the fourth paragraph of the opinion. The case was tried before Nelson, J., who made findings and ordered judgment in favor of defendants dismissing the action.
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Action in the district court for Murray county to recover $5,000 for trespass and for an injunction to prevent further trespass in erecting or maintaining the dam mentioned in the opinion. The answer set up substantially the facts stated in the fourth paragraph of the opinion. The case was tried before Nelson, J., who made findings and ordered judgment in favor of defendants dismissing the action. From an order denying his motion to amend the findings and for judgment in his favor or for a new trial, plaintiff appealed.
1Opinion of the CourtHolt, J.
The action seeks damages for trespass and an injunction against future acts of trespass upon plaintiff’s land. The decision was in favor of defendants. Plaintiff moved to amend the findings and order for judgment and for a new trial. The appeal is from the order denying the motion in toto.
The outlet of Lake Shetek is Des Moines river. A short distance from the lake and immediately below where Beaver creek joins the river a mill dam has existed since 1873. The mill is about a mile further down the stream. The dam is located on the northwest quarter of the northwest quarter of section seventeen…
2Cases cited8 opinions
- Whittaker v. StangvickSupreme Court of Minnesota · 1907
- Minneapolis Gaslight Co. v. City of MinneapolisSupreme Court of Minnesota · 1913
- Vincent v. Lake Erie Transportation Co.Supreme Court of Minnesota · 1910
- Johnk v. Union Pacific RailroadNebraska Supreme Court · 1916
- Myers v. Duluth Transfer Railway Co.Supreme Court of Minnesota · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Theros v. PhillipsSupreme Court of Minnesota · 1977
- Standard Oil Co. v. BertelsenSupreme Court of Minnesota · 1932
- Minneapolis Electric Lamp Co. v. Federal Holding Co.Supreme Court of Minnesota · 1924
- Claybourne v. ImslandCourt of Appeals of Minnesota · 1987
- State v. Red Owl Stores, Inc.Supreme Court of Minnesota · 1958
1 more not listed; retrieve them via the Exa API.