Roche v. City of Minneapolis

I am unable to concur in the majority viewpoint. In my opinion, the recitation of facts therein ignores conflicting evidence submitted by plaintiffs, received by the court, and considered by the jury. I refer particularly to the statements in the majority opinion that plaintiffs’ lot and the four adjoining lots to the north thereof comprised the lowest point in the area; that there was no evidence to establish the existence of a natural or artificial channel of surface waters or to indicate that defendant had blocked such a channel, stopped the flow of such waters, gathered them up, and cast…