Swan v. Munch
Supreme Court of Minnesota
Five actions in the district court for Pine county. The cases were tried together, and at the close of the testimony defendant made a motion that the court instruct the jury to find for defendant in each case, which was denied. The jury rendered a verdict in each case in favor of plaintiff, in the sum of $190, $195, $125, $50, and $185, respectively.
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Five actions in the district court for Pine county. The cases were tried together, and at the close of the testimony defendant made a motion that the court instruct the jury to find for defendant in each case, which was denied. The jury rendered a verdict in each case in favor of plaintiff, in the sum of $190, $195, $125, $50, and $185, respectively. From an order, Crosby, J., denying a motion for a new trial in each case, on the ground that the verdict was not justified by the evidence, and was contrary to law, and because of errors of law occurring at the trial and duly excepted to,…
1Opinion of the CourtBuck, J.
Five separate actions were brought by different plaintiffs, all against the same defendant, Munch, to recover damages •caused by the overflowing of a portion of the land's owned by each of the respective plaintiffs by the operation of the Chengwatona sluicing dam on Snake river, which was originally built in 1849.
The material allegations in each complaint are as follows:
“That on or about the month of September, A. D. 1876, the defendant erected a dam to a great height across the Snake river, at the town of Chengwatona, in said county and state, and below the plaintiff’s land above described,…
2Cases cited5 opinions
- Hesperia Land & Water Co. v. RogersCalifornia Supreme Court · 1890
- Carmody v. MulrooneyWisconsin Supreme Court · 1894
- Dean v. GoddardSupreme Court of Minnesota · 1893
- Cornwell Manufacturing Co. v. SwiftMichigan Supreme Court · 1891
- Village of Glencoe v. WadsworthSupreme Court of Minnesota · 1892
3Cited by29 opinions
- Boyce v. Missouri Pacific RailroadSupreme Court of Missouri · 1902
- Chippewa & Flambeau Improvement Co. v. Railroad CommissionWisconsin Supreme Court · 1916
- Merrick v. SchleuderSupreme Court of Minnesota · 1930
- Armstrong v. PayneCalifornia Supreme Court · 1922
- Hartman v. Blanding's Inc.Supreme Court of Minnesota · 1970
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