Batcher v. City of Staples
Supreme Court of Minnesota
Action in the district court for Todd county for an injunction restraining defendant from the further use of a certain sewer and for $900 damages. The answer alleged that defendant constructed the sewer as a sanitary measure; that the outlet thereof was a natural watercourse; that there was no other feasible outlet therefrom.
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Action in the district court for Todd county for an injunction restraining defendant from the further use of a certain sewer and for $900 damages. The answer alleged that defendant constructed the sewer as a sanitary measure; that the outlet thereof was a natural watercourse; that there was no other feasible outlet therefrom. It also alleged that from April, 1908, to April, 1911, plaintiff was a member of the common council of the city of Staples and chairman of its sewer committee; that as such chairman he had charge of the sewer system and it became his duty to see that the sewer system and…
1Opinion of the CourtBunn, J.
This is an action to recover damages suffered by plaintiff by reason of the discharge of a sewer of defendant into a creek near plaintiff’s land, and to enjoin the further use of such sewer. The case was tried by the court without a jury, and a decision made granting the injunction and assessing plaintiff’s damages at $300. Defendant appeals from an order denying its motion for a new trial.
The first and principal contention of defendant is that it was error to overrule its objection to the admission of any evidence on the ground that the complaint, did not state a cause of action. The…
2Cases cited3 opinions
- McClure v. City of Red WingSupreme Court of Minnesota · 1881
- Pye v. City of MankatoSupreme Court of Minnesota · 1887
- Tate v. City of St. PaulSupreme Court of Minnesota · 1894
3Cited by13 opinions
- Sletten v. Ramsey CountySupreme Court of Minnesota · 2004
- Bohrer v. Village of Inver GroveSupreme Court of Minnesota · 1926
- Joyce v. Village of JanesvilleSupreme Court of Minnesota · 1916
- Greenwood v. Evergreen Mines Co.Supreme Court of Minnesota · 1945
- Robinson v. WestmanSupreme Court of Minnesota · 1947
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