Hayden v. Albee
Supreme Court of Minnesota
This’ action was brought in the district court for Sherburne county, to recover damages for the flowing of plaintiff’s land, defendants’ dam, and to abate the dam as a nuisance. The jury before whom a trial was had, returned a verdict for plaintiff, assessing his damages at four hundred and seventy-five dollars — and found in the form of a special verdict that “ defendants’ dam should be cut down six inches.”
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This’ action was brought in the district court for Sherburne county, to recover damages for the flowing of plaintiff’s land, defendants’ dam, and to abate the dam as a nuisance. The jury before whom a trial was had, returned a verdict for plaintiff, assessing his damages at four hundred and seventy-five dollars — and found in the form of a special verdict that “ defendants’ dam should be cut down six inches.” A motion for a new trial being denied, the defendants appeal from the order denying the same to this court. The case is so fully stated in the opinion of the court that further statement…
1Opinion of the Court
By the Court.
Berry, J.
The plaintiff brings this action to recover damages for injury to his lands occasioned by defendants’ dam across Elk River, praying also that such dam may be abated and enjoined, so far as it is thus unlawfully injurious. The complaint contains a history of the dam in question during a period of fifteen years before the commencement of this action, and among other things, June 1868, and January, February, March and April, 1869, are specified as times at and during which the dam was raised in height so as to cause the overflow complained of. No other times at which the…
2Cases cited2 opinions
- Dorman v. AmesSupreme Court of Minnesota · 1867
- Washburn v. WinslowSupreme Court of Minnesota · 1870
3Cited by13 opinions
- Cosfriff Bros. v. MillerWyoming Supreme Court · 1902
- Tice v. FreemanSupreme Court of Minnesota · 1883
- Swallow v. StrongSupreme Court of Minnesota · 1901
- Nippolt v. KammonSupreme Court of Minnesota · 1888
- Jones v. AllenCourt of Appeals for the Eighth Circuit · 1898
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