Nienow v. Village of Mapleton
Supreme Court of Minnesota
Action in the district court for Blue Earth county to recover $1,365 damages and- to restrain defendant village and its officers from continuing a nuisance.
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Action in the district court for Blue Earth county to recover $1,365 damages and- to restrain defendant village and its officers from continuing a nuisance. The answer among other matters alleged that for more than 25 years a drainage ditch had been established along a natural drainage course across the premises of plaintiff and kept open by his grantors prior to its purchase by him; that this was the natural drainage of the land within the limits of defendant village; that by the use of said drainage ditch and by the construction in the year 1902 by the county authorities of County Ditch No.…
1Opinion of the Court
Lees, C.
This is an action brought to recover damages and to obtain an injunction restraining an alleged nuisance caused by the discharge of sewage on plaintiff’s land. A jury returned a general verdict in plaintiff’s favor for damages, with special findings, the third of which is as follows: “Q. Has the defendant, since the commencement of this action, maintained and is it now maintaining a public nuisance upon or in the immediate vicinity of plaintiff’s farm? A. Yes.” The fourth question was the same as the third, omitting the word “public,” and was answered in the same way. Plaintiff moved…
2Cases cited13 opinions
- Brede v. Minnesota Crushed Stone Co.Supreme Court of Minnesota · 1919
- Heath v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1914
- Joyce v. Village of JanesvilleSupreme Court of Minnesota · 1916
- Batcher v. City of StaplesSupreme Court of Minnesota · 1912
- Lindgren v. William Bros Boiler Manufacturing Co.Supreme Court of Minnesota · 1910
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- City of Portsmouth v. WeissSupreme Court of Virginia · 1926
- Employers Mutual Casualty Co. v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1951
- Nuquist v. BauscherIdaho Supreme Court · 1951
- Highview North Apartments v. County of RamseySupreme Court of Minnesota · 1982
- Bohrer v. Village of Inver GroveSupreme Court of Minnesota · 1926
3 more not listed; retrieve them via the Exa API.