Legal Opinion

Burnett v. Great Northern Railway Co.

Supreme Court of Minnesota

Decided June 9, 1899No. Nos. 11,571—(107)PublishedCited by 11 opinions

Action in the district court for Clay county to recover $1,000 damages for injury to plaintiff’s crops resulting from overflowing his land. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of plaintiff for $502.50. From an order denying a motion for a new trial, defendant appealed.

1Opinion of the Court

START, C. J.1

This is an action for damages to the plaintiff’s land and crops during the years 1892, 1896, and 1897, which he claims were caused by the negligent act of the defendant in diverting, by means of ditches, the waters from a natural water course, and discharging them upon Ms land. Verdict for the plaintiff for $502.50, and the *462defendant appealed from an order denying its motion for a new-trial.

The defendant’s railroad bed, between Barnesville and Moorhead, runs in a northwesterly course, and, at a point near the northwest corner of the northeast \ of section 16, township 137 north,…

2Cases cited3 opinions

  1. Sheehan v. FlynnSupreme Court of Minnesota · 1894
  2. Byrne v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1888
  3. Ward v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1895

3Cited by11 opinions

  1. United States Smelting Co. v. SisamCourt of Appeals for the Eighth Circuit · 1911
  2. Oftelie v. Town of HammondSupreme Court of Minnesota · 1899
  3. Skinner v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
  4. Poynter v. County of Otter TailSupreme Court of Minnesota · 1947
  5. Larson v. LammersSupreme Court of Minnesota · 1900

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