City Water Power Co. v. City of Fergus Falls
Supreme Court of Minnesota
Action in the district court for Otter Tail county to recover $6,158.80 damages sustained on account of the giving way of a certain dam, whereby plaintiff’s dam, located down stream, was partially washed away and destroyed. The substance of the complaint is stated in the opinion. From an order, Taylor, J., overruling defendant’s demurrer to the coniplaint, it appealed.
1Opinion of the Court
Start, O. J.
Appeal by the defendant from an order of the district court of the county of Otter Tail overruling its general demurrer to the complaint. The here material facts alleged in the complaint, briefly *34stated, are these: The defendant is a municipal corporation with power to furnish light for all municipal purposes, and to- supply-light to the inhabitants of the city for profit In the execution of this power, and for its profit it built and maintained upon its own land and across the Bed river a dam for the purpose of creating the necessary water power. This dam was located up the river…
2Cases cited16 opinions
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1870
- Wilson v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- August Berger v. Minneapolis Gaslight Co.Supreme Court of Minnesota · 1895
- Gray v. HarrisMassachusetts Supreme Judicial Court · 1871
- Gould v. Winona Gas Co.Supreme Court of Minnesota · 1907
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Brizendine v. Nampa Meridian Irrigation DistrictIdaho Supreme Court · 1976
- Eaves v. City of OttumwaSupreme Court of Iowa · 1949
- Kleinman v. Banner Laundry Co.Supreme Court of Minnesota · 1921
- Bridgeman-Russell Co. v. City of DuluthSupreme Court of Minnesota · 1924
- Lyon v. Chicago, Milwaukee & St. P. Ry. Co.Montana Supreme Court · 1915
14 more not listed; retrieve them via the Exa API.