Schaefer v. Marthaler
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court .for Dakota county, Crosby, J., presiding, perpetually enjoining the defendant from interfering with or directing the course and flow of the lake mentioned in the opinion. cited Eulrich v. Richter, 37 Wis. 226; Pettigrew v. Village of Evansville, 25 Wis. 223; Gannon v. Har-gadon, 92 Mass.
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Appeal by defendant from a judgment of the district court .for Dakota county, Crosby, J., presiding, perpetually enjoining the defendant from interfering with or directing the course and flow of the lake mentioned in the opinion. cited Eulrich v. Richter, 37 Wis. 226; Pettigrew v. Village of Evansville, 25 Wis. 223; Gannon v. Har-gadon, 92 Mass. (10 Allen,) 106; Nevins v. City of > Peoria, 41 Ill. 502; Livingston v. McDonald, 21 Iowa, 160; Barkley v. Wilcox, 86 N Y. 140; Rawstron v. Taylor, 11 Exch. 369.
1Opinion of the CourtGtlfillan, C. J.
Action to enjoin defendant from draining a small lake or pond. The parties own and occupy adjoining lands. There is situated partly on the plaintiff’s land and partly on defendant’s land a body of water, four and one-fourth acres in extent, in a natural depression forming a basin, fed solely by surface waters produced by rains and melting snows falling upon higher adjacent lands, and running naturally into such basin. The greatest depth of the water in the basin, at the deepest place, is, at an ordinary stage, five feet, and at the same stage its greatest depth on the line between the lands…
2Cases cited3 opinions
- Jacobus v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1873
- Gibbs v. WilliamsSupreme Court of Kansas · 1881
- Jones v. HannovanSupreme Court of Missouri · 1874
3Cited by14 opinions
- Gray v. Reclamation District No. 1500California Supreme Court · 1917
- Watuppa Reservoir Co. v. City of Fall RiverMassachusetts Supreme Judicial Court · 1888
- Petraborg v. ZontelliSupreme Court of Minnesota · 1944
- Rait v. FurrowSupreme Court of Kansas · 1906
- Thompson v. New Haven Water Co.Supreme Court of Connecticut · 1913
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