Johnson v. Wild Rice Boom Co.
Supreme Court of Minnesota
Action in the district court for Norman county upon four causes of action to recover $10,000, damages caused by the wrongful diversion of water from plaintiff’s mill.
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Action in the district court for Norman county upon four causes of action to recover $10,000, damages caused by the wrongful diversion of water from plaintiff’s mill. The answer alleged defendant’s incorporation under sections 2933 and 2934, R. L. 1905; that its principal business consisted in driving and handling logs and timber from the upper tributaries of "Wild Rice river; that prior thereto no other corporation organized under that law had taken possession of the river or its tributaries for the purpose of handling or driving logs therein, and that defendant had ever since maintained its…
1Opinion of the CourtHolt, J.
Damages were claimed because defendant’s interruption of the natural flow of water in Wild Rice river and' diversion of part of such water prevented plaintiff from operating his flour mill, and also for injury to the mill dam. The jury awarded plaintiff $2,000 for the loss sustained from inability to run the mill because of defendant’s interference with the water, and $800 for injury to the dam. Defendant appeals from the order denying a new trial.
The Wild Rice river has its source in the westerly part of Clear-water county and runs in a westerly direction through Mahnomen and Norman counties…
2Cases cited7 opinions
- Red River Roller Mills v. WrightSupreme Court of Minnesota · 1883
- Page v. Mille Lacs Lumber Co.Supreme Court of Minnesota · 1893
- Anderson v. Supervisors of San FranciscoSupreme Court of Minnesota · 1904
- Crookston Waterworks, Power & Light Co. v. SpragueSupreme Court of Minnesota · 1904
- Heiberg v. Wild Rice Boom Co.Supreme Court of Minnesota · 1914
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