Treichel v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Norman county to recover $5,000 damages for injuries to crops caused by defendant’s negligent maintenance of its railroad without sufficient culverts and by construction of the same so as to obstruct a natural water course, whereby ■water overflowed plaintiff’s land.
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Action in the district court for Norman county to recover $5,000 damages for injuries to crops caused by defendant’s negligent maintenance of its railroad without sufficient culverts and by construction of the same so as to obstruct a natural water course, whereby ■water overflowed plaintiff’s land. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff for $532.40. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the Court
LEWIS, J.2
Plaintiff was the owner of the southeast -j- of section 32, township 146, range 46, in the Red River valley. Defendant’s railway line crosses the southwest corner of this land, and runs in a northwesterly and southeasterly direction. The plaintiff’s land and the country surrounding are comparatively level, falling gently to the northwest. There is a natural coulee, called “Spring Creek,” which enters plaintiff’s land near the southeast corner of the southeast and runs in a northwesterly direction, crossing plaintiff’s west line a *97short distance south of the northwest corner, and…
2Cited by7 opinions
- Downing v. Mason CountyCourt of Appeals of Kentucky · 1888
- Reichert v. Northern Pacific Railway Co.North Dakota Supreme Court · 1917
- City of Tucson v. O'Rielly Motor Co.Arizona Supreme Court · 1946
- Grace v. Union Electric Co.Missouri Court of Appeals · 1947
- Harris v. Lincoln & Northwestern Railway Co.Nebraska Supreme Court · 1912
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