Legal Opinion

Canton Iron Co. v. Biwabik Bessemer Co.

Supreme Court of Minnesota

Decided January 7, 1896No. Nos. 9794-(332)PublishedCited by 3 opinions

Action in the district court for St. Louis county to restrain defendant from causing or suffering surface water to flow upon plaintiff’s land. The court made a temporary restraining order and after-wards made an order continuing the same in force. From both orders, as well as from an order, Morris, J., overruling a demurrer to the complaint, defendant appealed.

1Opinion of the Court

MITCHELL, J.2

Stated briefly, and according to their legal effect, the material facts alleged in the complaint were as follows: The defendant was the owner of the E. of the N. E. and the plaintiff of the S. W. ¿ of the N. E. J, of a certain section. Both tracts were iron mineral lands, and each party was engaged in opening and working mines on its property. The openings to these mines are open pits, and the ore is taken out by means of underground drifts, and elevated through shafts. The natural slope of the lands is towards the south. “While said lands were in their natural state,” they were…

2Cases cited2 opinions

  1. Ford v. WhitlockSupreme Court of Vermont · 1855
  2. Woodbury v. ShortSupreme Court of Vermont · 1845

3Cited by3 opinions

  1. Kray v. MuggliSupreme Court of Minnesota · 1901
  2. Schulenberg v. ZimmermanSupreme Court of Minnesota · 1902
  3. O'Neill v. City of St. PaulSupreme Court of Minnesota · 1908

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