Kray v. Muggli
Supreme Court of Minnesota
Action in the district court for Stearns county to enjoin defendants from removing a milldam. The case was tried before Searle, J., who found in favor of plaintiff; and from a judgment entered pursuant to the findings, defendants appealed. Plaintiff did not possess and could not acquire any rights by prescription. Tbe dam owners are not estopped from removing tbe dam.
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Action in the district court for Stearns county to enjoin defendants from removing a milldam. The case was tried before Searle, J., who found in favor of plaintiff; and from a judgment entered pursuant to the findings, defendants appealed. Plaintiff did not possess and could not acquire any rights by prescription. Tbe dam owners are not estopped from removing tbe dam. The cases in which estoppel has been applied are cases where there was a change in the condition of the water course, which had been acquiesced in from its inception by all parties in interest, and where to permit the change…
1Opinion of the CourtOantx, J.
This is an appeal from a judgment enjoining the defendants from removing a milldam at Cold Springs, Stearns county, Minnesota. Plaintiff is a riparian owner, whose land is partly flooded by the water held back by the dam. Two other actions were also brought by other parties against these defendants, and permanent injunctions were awarded against them thereon. They appealed in those-actions also, and the three appeals were argued at the same time.
The dam was built in 1S56 across the Sauk river, a small stream. A few miles above the dam the river ran through a chain of lakes. At the point where…
2Cases cited9 opinions
- August Berger v. Minneapolis Gaslight Co.Supreme Court of Minnesota · 1895
- Smith v. YoumansWisconsin Supreme Court · 1897
- Mathewson v. HoffmanMichigan Supreme Court · 1889
- Weatherby v. MeiklejohnWisconsin Supreme Court · 1882
- Grant v. SchmidtSupreme Court of Minnesota · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kray v. MuggliSupreme Court of Minnesota · 1901
- Gould v. Winona Gas Co.Supreme Court of Minnesota · 1907
- Krebs v. State Roads CommissionCourt of Appeals of Maryland · 1931
- Bridgeman-Russell Co. v. City of DuluthSupreme Court of Minnesota · 1924
- Marshall Ice Co. v. LaPlantSupreme Court of Iowa · 1907
5 more not listed; retrieve them via the Exa API.