Town of King v. Brekke
Supreme Court of Minnesota
Action in the district court ¡for Polk county to restrain defendant from obstructing a watercourse and for $100 damages. The case was tried before Watts, J., who made findings and ordered judgment-in favor of defendant. From the judgment entered pursuant to the order for judgment, plaintiff appealed.
1Opinion of the CourtQuinn, J.
Appeal by plaintiff from a judgment in favor of defendant. The action was brought by the township of King to restrain defendant from maintaining a dike along the north side of one of its public highways, thereby flooding the same and rendering it impassable.
Defendant owns the northwest quarter of section 26 in the plaintiff township. For more than 20 years there has been a public highway, worked and traveled by the public, upon and along the east and west quarter line of the section.- There is a marsh covering about 35 acres in the southwest quarter of the southwest quarter <. f the section.…
2Cases cited1 opinion
- Sheehan v. FlynnSupreme Court of Minnesota · 1894
3Cited by4 opinions
- Collins v. WicklandSupreme Court of Minnesota · 1958
- Will v. BolerSupreme Court of Minnesota · 1942
- Van Wilgen v. Albert Lea Farms Co.Supreme Court of Minnesota · 1929
- Victor Legatt v. Dennis LegattCourt of Appeals of Minnesota · 2015