Gunnerus v. Town of Spring Prairie
Supreme Court of Minnesota
Action in the district court for Clay county to recover from defendants, Town-of Spring Prairie and Town of Flowing, $600 for the wrongful and negligent diversion of surface water from its natural courses to the land of plaintiff, by means of a highway and ditches.
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Action in the district court for Clay county to recover from defendants, Town-of Spring Prairie and Town of Flowing, $600 for the wrongful and negligent diversion of surface water from its natural courses to the land of plaintiff, by means of a highway and ditches. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of plaintiff for $379.10. From an order granting a motion for judgment in favor of defendants notwithstanding the verdict, plaintiff appealed. Brown v. Winona & S. W. Ry. Co., 53 Minn. 259; Sheehan v. Flynn, 59 Minn. 436; Jungblum v. Minneapolis, N.…
1Opinion of the CourtCollins, J.
These defendants were towns organized in accordance with G. S. 1894, c. 10, the town of Flowing lying directly north of Spring Prai- . *474rie. Plaintiff’s farm lies in the northwest corner of the town of Spring Prairie; and two or three miles to the east, about on the line dividing these towns, is a natural slough, which constitutes a small reservoir for surface water which drains into it from the east, south, and southwest. Usually there is more or less water in this slough, and leading out of it to the northwest is a natural coolie or run, through which the water ordinarily flows, finally…
Also in this document: Per curiam.
2Cases cited2 opinions
- Peters v. Town of Fergus FallsSupreme Court of Minnesota · 1886
- Robbins v. Village of WillmarSupreme Court of Minnesota · 1898
3Cited by8 opinions
- Westerson v. StateSupreme Court of Minnesota · 1940
- Johnson v. County of SteeleSupreme Court of Minnesota · 1953
- Lindstrom v. County of RamseySupreme Court of Minnesota · 1917
- Newman v. County of St. LouisSupreme Court of Minnesota · 1920
- Defiel v. County of ClaySupreme Court of Minnesota · 1926
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