Rieck v. Schamanski
Supreme Court of Minnesota
Action in tbe district court for Steele county to recover $1,000 damages to plaintiff’s land caused by the construction of a ditch upon defendant’s land and the consequent overflow of surface water upon plaintiff’s land.
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Action in tbe district court for Steele county to recover $1,000 damages to plaintiff’s land caused by the construction of a ditch upon defendant’s land and the consequent overflow of surface water upon plaintiff’s land. The case was tried before Buckham, J., who made findings of fact and as conclusion of law found that defendant was not entitled to relieve his land from the surface water naturally accumulating thereon by causing the same to flow upon and damage the land of plaintiff, or to turn the waters out of their natural course across the divide separating the land of the parties, even…
1Opinion of the CourtStart, C. J.
Appeal from an order^of the district court of the county of Steele denying the defendant’s motion for a new trial. The complaint alleged in substance that the plaintiff and defendant were adjoining landowners; that the defendant unnecessarily and unreasonably dug a ditch through and upon his own land, which changed the natural course of the surface water on his own land, and caused it to flow upon the land of the plaintiff, thereby causing unnecessary and unreasonable damages. Judgment was asked for the amount of the damages sustained and for a perpetual injunction restraining the defendant…
2Cases cited4 opinions
- Sheehan v. FlynnSupreme Court of Minnesota · 1894
- Peterson v. LundquistSupreme Court of Minnesota · 1908
- Howard v. Illinois Central RailroadSupreme Court of Minnesota · 1911
- Erhard v. WagnerSupreme Court of Minnesota · 1908
3Cited by12 opinions
- Enderson v. KelehanSupreme Court of Minnesota · 1948
- Jontz v. NorthupSupreme Court of Iowa · 1912
- Hartle v. NeighbauerSupreme Court of Minnesota · 1919
- In Re Town Ditch No. 1Supreme Court of Minnesota · 1940
- Kallevig v. HolmgrenSupreme Court of Minnesota · 1972
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