Thornton v. Turner
Supreme Court of Minnesota
This action was brought in the District Court for Scott county, in October, 1865. The complaint shows that the plaintiff is the owner of certain meadow land in said county, through which a stream of water flows into Spring Lake; that the defendants are the owners of the land through which the outlet of Spring Lake flows ; and that in the spring of 1863, they erected a dam across said outlet, whereby, during the spring, summer and fall of 1865, the waters of said lake and the…
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This action was brought in the District Court for Scott county, in October, 1865. The complaint shows that the plaintiff is the owner of certain meadow land in said county, through which a stream of water flows into Spring Lake; that the defendants are the owners of the land through which the outlet of Spring Lake flows ; and that in the spring of 1863, they erected a dam across said outlet, whereby, during the spring, summer and fall of 1865, the waters of said lake and the streams emptying therein were penned up, and set back over the plaintiff’s meadow to his damage, and so as to interfere…
1Opinion of the Court
By the Cou/rt
Wilson, Oh. J.
The plaintiff brought this action to recover damages for the overflowing of his land by *339a mill clam erected by defendants. He alleges that during tbe spring of 1863, the defendants built and erected a dam across the said outlet, (of Spring Lake into Long Lake,) on the defendant’s said premises, and carried up, built and erected said dam to a height, to-wit, three and a half feet higher than the natural surface of the waters of said outlet, and of said Spring Lake, and of the plaintiff’s said meadow lands, and ever since that time they have kept and maintained said…
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