County of Mille Lacs v. Kennedy
Supreme Court of Minnesota
Action in the district court for Mille Lacs county against S. L. Kennedy and the National Surety Company of New York to recover $1,000 upon their bond for the negligence and malfeasance of defendant Kennedy as engineer of a certain ditch.
Read the full summary
Action in the district court for Mille Lacs county against S. L. Kennedy and the National Surety Company of New York to recover $1,000 upon their bond for the negligence and malfeasance of defendant Kennedy as engineer of a certain ditch. The separate answer of defendant Kennedy, among other matters, alleged that he diligently, honestly and to the best of his ability performed his duties as engineer as required by the order appointing him and by the statutes of the state; that in his survey and report he included certain lateral branches and a certain extension of the ditch above the starting…
1Opinion of the Court
Taylor, C.
The board of county commissioners of Mille Lacs county appointed defendant Kennedy engineer for county ditch No. 10 of that county. As described in the petition therefor, the ditch was about four miles in length; as described in the report of the engineer, it was about seven miles in length. At the hearing at which the reports of the engineer and of the viewers were presented, the county commissioners refused to establish the ditch and dismissed the proceeding. Thereafter the county, alleging that the engineer had wrongfully extended the ditch beyond the limits fixed in the…
2Cases cited2 opinions
- Lager v. County of SibleySupreme Court of Minnesota · 1907
- Jurries v. VirgensSupreme Court of Minnesota · 1908
3Cited by3 opinions
- Wilbrecht v. BabcockSupreme Court of Minnesota · 1930
- In re Judicial Ditch No. 12Supreme Court of Minnesota · 1920
- Dryden v. Peru Bottom Drainage DistrictNebraska Supreme Court · 1916