Nahte v. Hansen
Supreme Court of Minnesota
Action by four plaintiffs in the district court for Stearns county to compel three defendants to fill up a certain ditch and to enjoin them from maintaining the ditch, from discharging the waters from certain sloughs upon plaintiffs’ lands, and to recover $100 each, damages already sustained by the overflow of water from the ditch upon their lands. From an order, Taylor, J., overruling defendants’ separate demurrers to the complaint, they appealed.
1Opinion of the CourtBrown, J.
Defendants interposed a demurrer to plaintiffs’ complaint, and appealed from an order overruling it. It appears from the complaint that plaintiffs, four in number, severally own adjoining tracts of land which constitute their separate and distinct farms, in no part *366of which is there any joint title or interest. Defendants also, three in number, own separate tracts of land located in the immediate vicinity of that owned by plaintiffs, and to rid their land of certain surplus water they, acting jointly, wrongfully and unlawfully constructed a ditch or drain therefrom, the result of which was to…
2Cases cited6 opinions
- Palmer v. WaddellSupreme Court of Kansas · 1879
- Hawarden v. Youghiogheny & Lehigh Coal Co.Wisconsin Supreme Court · 1901
- Grant v. SchmidtSupreme Court of Minnesota · 1875
- Gilbert v. Boak Fish Co.Supreme Court of Minnesota · 1902
- Anderson v. Scandia BankSupreme Court of Minnesota · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Minnesota Mining & Manufacturing Co. v. Nishika Ltd.Supreme Court of Minnesota · 1997
- Jewell v. JewellSupreme Court of Minnesota · 1943
- Thorn v. George A. Hormel & Co.Supreme Court of Minnesota · 1940
- King v. Socony-Vacuum Oil Co., Inc.Supreme Court of Minnesota · 1940
- Bonde v. SternNorth Dakota Supreme Court · 1944