Legal Opinion

Erhard v. Wagner

Supreme Court of Minnesota

Decided May 15, 1908No. Nos. 15,589—(47)PublishedCited by 7 opinions

Action in the district court for Carver county to enjoin defendant from maintaining a certain drainage ditch and to recover $350 damages for injury to plaintiff’s land. The case was tried, before Morrison, J., who made findings and ordered that the action be dismissed upon its merits. From an order denying his motion for a new trial', plaintiff appealed.

1Opinion of the CourtLewis, J.

' Respondent was the owner of the west one half of the northeast quarter and the northeast quarter of the northeast quarter of section 28, township 116 north, of range 25 west. On the northerly portion of this tract of land was a natural marsh, consisting of about seventy acres. Respondent also owned the northwest quarter of the northwest quarter of section 27, which immediately joined his other land upon the east. On the forty located in section 27 there was a natural watershed of considerable width, the easterly side of which sloped toward appellant’s land, which consisted of the east one…

2Cases cited5 opinions

  1. Sheehan v. FlynnSupreme Court of Minnesota · 1894
  2. Nye v. KahlowSupreme Court of Minnesota · 1906
  3. Brown v. Winona & Southwestern Railway Co.Supreme Court of Minnesota · 1893
  4. Gilfillan v. SchmidtSupreme Court of Minnesota · 1896
  5. Werner v. PoppSupreme Court of Minnesota · 1905

3Cited by7 opinions

  1. Enderson v. KelehanSupreme Court of Minnesota · 1948
  2. Peterson v. LundquistSupreme Court of Minnesota · 1908
  3. Pell v. NelsonSupreme Court of Minnesota · 1972
  4. Rieck v. SchamanskiSupreme Court of Minnesota · 1912
  5. In Re Petition of LippmannSupreme Court of Minnesota · 1957

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