Werner v. Popp
Supreme Court of Minnesota
Appeal by plaintiffs from an order of the district court for Benton county, Searle, J., denying a motion for a new trial, after a trial and findings in favor of defendant.
1Opinion of the CourtLovely, J.
This was an equitable suit for an injunction to restrain defendant from maintaining a ditch on his farm lands whereby a quantity of surface water accumulating thereon was transferred therefrom to the lands of the plaintiffs, who were lower proprietors, to the detriment and injury of the latter. The court made findings of fact, and denied the relief asked. There was a motion for a new trial, which was refused. From this order plaintiffs appeal.
This review brings again to this court the very much discussed question of the right of the owners of agricultural property to improve the same by…
2Cases cited3 opinions
- Sheehan v. FlynnSupreme Court of Minnesota · 1894
- Oftelie v. Town of HammondSupreme Court of Minnesota · 1899
- Brown v. Winona & Southwestern Railway Co.Supreme Court of Minnesota · 1893
3Cited by5 opinions
- Nye v. KahlowSupreme Court of Minnesota · 1906
- Erhard v. WagnerSupreme Court of Minnesota · 1908
- Krupke v. StockardSupreme Court of Minnesota · 1908
- Ginter v. Rector of St. Mark's ChurchSupreme Court of Minnesota · 1905
- Nye v. KahlowSupreme Court of Minnesota · 1906