Johnson v. Centerville Milling Co.
South Dakota Supreme Court
Appeal from Circuit Court, Turner County. Hon. Robert B. Tripp, Judge. Action by Jacob A. Johnson, against the Centerville Milling Company, to-recover damages for overflowage of water from a mill dam. From; a judgment 'for defendant, based upon alleged incomplete findings, plaintiff appeals.
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Appeal from Circuit Court, Turner County. Hon. Robert B. Tripp, Judge. Action by Jacob A. Johnson, against the Centerville Milling Company, to-recover damages for overflowage of water from a mill dam. From; a judgment 'for defendant, based upon alleged incomplete findings, plaintiff appeals. (1) Under point one of the opinion, Appellant submitted that: If appellant desired such additional finding’s, he should have raised such issue by his pleadings, and should have requested that the issue be submitted to the jury. (2) To- point two of the opinion, Appellant cited: Code Civ. Proc., Sec. 841;…
1Opinion of the CourtMcCOY, J.
The respondent milling company, as defendant in the court below, prior to about the 15th day of July, 1907, owned and maintained a milldam across the Vermillion river at or near the city of Centerville. The appellant, and plaintiff in the circuit court, owned' farm lands abutting on the hanks of said river above said dam. It appears without contradiction that the milldam in question, as originally constructed, was established in 1886 under the provisions of chapter 39, Rev. Code of Civ. Pr. of 1877; that under procedure in the territorial district court the owners of said dam were authorized…
2Cases cited6 opinions
- City of Winona v. Minnesota Railway Construction Co.Supreme Court of Minnesota · 1880
- Warner v. FooteSupreme Court of Minnesota · 1889
- Bassett v. HarenSupreme Court of Minnesota · 1895
- Totten v. StevensonSouth Dakota Supreme Court · 1912
- Ahlberg v. Swedish-American BankSupreme Court of Minnesota · 1892
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