Pflegar v. Hastings & Dakota Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of tbe district court for Carver •county, Macdonald, J., presiding, refusing a new trial, after an award by the jury of $1,400 damages to plaintiff in condemnation proceedings.
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Appeal by defendant from an order of tbe district court for Carver •county, Macdonald, J., presiding, refusing a new trial, after an award by the jury of $1,400 damages to plaintiff in condemnation proceedings. The case was brought into the district court by the defendant, ■on appeal from an award of $1,283, made by commissioners. cited Angelí on Water 'Courses, § 108 a; Gannon v. Hargadon, 10 Allen, 106; Luther v. Winnisimnet Go., 9 Cush. 171; Dickinson v. City of Woi'cester, 7 Allen, 19; Swett v. Cutts, 50 N. H. 439; Goodale v. Tuttle, 29 N.-Y. 459; Wagner v. Long Island B. Co., 2 Hun, 633;…
1Opinion of the CourtMitchell, J.
This was a proceeding instituted by said railway company to condemn certain real property of Pflegar, for the purposes of its road.- The property proposed to be taken consisted of a right of way 100 feet wide across a farm consisting of 400 acres. The only ground of error urged here is that, in giving to the jury the following instruction requested by the railway company, to wit, “No compensation can be allowed for diverting the flow of surface water,” the court erred in qualifying the same by adding: “If the construction of any permanent embankment interferes with the flow of surface water…
2Cases cited2 opinions
- Walker v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- Morrison v. Bucksport & Bangor RailroadSupreme Judicial Court of Maine · 1877
3Cited by6 opinions
- Sinai v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1893
- Arkansas Valley & Western Railway Co. v. WittSupreme Court of Oklahoma · 1907
- Blunck v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1909
- Reeseman v. DavenportSupreme Court of Iowa · 1895
- Stevens v. State, by HeadSupreme Court of Minnesota · 1971
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