Sloggy v. Dilworth
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Clay county against the defendants, as executors of the last will of Joseph Dilworth, deceased, to recover $2,400 damages for the destruction, in June, 1S85, of the plaintiff’s crop of grain.
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Plaintiff brought this action in the district court for Clay county against the defendants, as executors of the last will of Joseph Dilworth, deceased, to recover $2,400 damages for the destruction, in June, 1S85, of the plaintiff’s crop of grain. The complaint alleges, in substance, the wrongful erection by Dilworth of an embankment on his own land, in 18S3; that such embankment caused large quantities of water to be collected and thrown upon the plaintiff’s land, in June, 1885, thereby destroying her crop; that Dilworth died in January, 1885, and the defendants were duly appointed executors…
1Opinion of the CourtVanderburgh, J.
In the year 1883 Joseph Dilworth, defendants’ testator, owned sections 1 and 35, mentioned in the complaint, and one C. P. Sloggy, the husband of plaintiff, owned the N. W. ¿ of section 2, lying next adjoining on the south to the S. W. J of section 35, and west of section 1, the N. E. J of section 2 intervening. The line between sections 2 and 35 is the boundary line between the towns .of Moorhead and Oakport. During the same year Dilworth caused to be constructed the ditches and embankments described in the complaint on the boundary lines between sections 1 and 2, and 2 and 35. Such…
2Cases cited9 opinions
- Chipman v. . PalmerNew York Court of Appeals · 1879
- Staple v. SpringMassachusetts Supreme Judicial Court · 1813
- Sellick v. HallSupreme Court of Connecticut · 1879
- Prentiss v. WoodMassachusetts Supreme Judicial Court · 1882
- Brown v. McAllisterCalifornia Supreme Court · 1870
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3Cited by41 opinions
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- Johnson v. ChapmanWest Virginia Supreme Court · 1897
- Watson v. Colusa-Parrot Mining & Smelting Co.Montana Supreme Court · 1905
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