McDonough v. Russell-Miller Milling Co.
North Dakota Supreme Court
From a judgment of the District Court of Stark County, Crawford, L, plaintiff appeals. Where one uses a natural running stream of water as a dumping place for all offal matter from his mill, and for all the excrement of his many employees, this is not a reasonable use, by a riparian owner, so' as to exempt him from damages, and furthermore, such acts are criminal under our statutes. Comp.
Read the full summary
From a judgment of the District Court of Stark County, Crawford, L, plaintiff appeals. Where one uses a natural running stream of water as a dumping place for all offal matter from his mill, and for all the excrement of his many employees, this is not a reasonable use, by a riparian owner, so' as to exempt him from damages, and furthermore, such acts are criminal under our statutes. Comp. Laws 1913, §§ 10,225 and 10,226 Satterfield v. Eowan, 83 Ga. 187, 9 S. E. 677; Eed Eiver Eoller Mills v. Wright, 30 Minn. 249, 44 Am. Eep. 194, 15 N. W. 167; Weston Paper Co. v. Pope, 155 Ind. 394, 56 L.E.A.…
1Opinion of the CourtChristianson, J.
This action was commenced by the plaintiff in June, 1914, to recover damages for the alleged pollution of the waters in the Heart river, and to enjoin further pollution thereof. The case was tried to the court without a jury, and resulted in findings and conclusions favorable to the defendant, with an allowance of nominal damages to plaintiff assessed at $100. The plaintiff appeals from the judgment, and demands a trial de novo in this court.
Both parties are riparian owners upon the Heart river within the limits of the city of Dickinson. The plaintiff owns a tract of land traversed by the…
2Cases cited4 opinions
- Chipman v. . PalmerNew York Court of Appeals · 1879
- Watson v. Colusa-Parrot Mining & Smelting Co.Montana Supreme Court · 1905
- Standard Phosphate Co. v. LunnSupreme Court of Florida · 1913
- Tiede v. SchneidtWisconsin Supreme Court · 1900
3Cited by9 opinions
- Storley v. Armour & Co.Court of Appeals for the Eighth Circuit · 1939
- McDonough v. Russell-Miller Milling Co.North Dakota Supreme Court · 1921
- Thompson v. Kraft Cheese Co.California Supreme Court · 1930
- Boulger v. Northern Pacific RailwayNorth Dakota Supreme Court · 1918
- Lowe v. Indiana Hydro-Electric Power Co.Indiana Supreme Court · 1926
4 more not listed; retrieve them via the Exa API.