Koeper v. Town of Louisville
Supreme Court of Minnesota
Action in the district court for Scott county for an injunction restraining defendant from maintaining a flow of water from a certain lake, and to recover $1,000 for damage to plaintiff’s land and crops. The facts are stated in the opinion. After the former appeal, 106 Minn. 269 (118 N. W. 1025), the defendant answered, putting in issue the allegations of the complaint.
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Action in the district court for Scott county for an injunction restraining defendant from maintaining a flow of water from a certain lake, and to recover $1,000 for damage to plaintiff’s land and crops. The facts are stated in the opinion. After the former appeal, 106 Minn. 269 (118 N. W. 1025), the defendant answered, putting in issue the allegations of the complaint. The case was tried before Morrison, J"., who made findings and as conclusions of law found that plaintiff was entitled to an injunction and to recover the sum of $127. From an order denying its motion to amend the findings of…
1Opinion of the CourtStart, C. J.
This is an appeal by the defendant from an order of the district .court of the county of Scott denying its motion for amended findings and a new trial; that is, from an order denying a motion for a new trial. See Peterson v. Hutchinson, 98 Minn. 452, 107 N. W. 1124.
The complaint alleges in effect that O’Dowd’s Lake, a part of which lies within the defendant town, is a large meandered lake; that on November 25, 1907, the defendant, in an effort to improve a highway along the shore of the lake at the south end thereof, maliciously, carelessly and without any regard to the rights of landowners,…
2Cases cited6 opinions
- State ex rel. Clapp v. Minnesota Thresher Manufacturing Co.Supreme Court of Minnesota · 1889
- Lace v. FixenSupreme Court of Minnesota · 1888
- State v. FroisethSupreme Court of Minnesota · 1871
- Peterson v. HutchinsonSupreme Court of Minnesota · 1906
- Brown v. LawlerSupreme Court of Minnesota · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State ex rel. Wilcox v. RyderSupreme Court of Minnesota · 1914
- Indianhead Truck Line, Inc. v. Hvidsten Transport, Inc.Supreme Court of Minnesota · 1964
- Rognrud v. ZubertSupreme Court of Minnesota · 1969
- Wasatch Oil Refining Co. v. Wade, JudgeUtah Supreme Court · 1936
- First National Bank v. TowleSupreme Court of Minnesota · 1912
4 more not listed; retrieve them via the Exa API.