Legal Opinion

Doucette v. Little Falls Improvement & Navigation Co.

Supreme Court of Minnesota

Decided January 14, 1898No. Nos. 10,803-(217)PublishedCited by 6 opinions

Action' in the district court for Morrison county to recover $800 for injuries to plaintiff's real estate. From an order, Baxter, J., denying a motion for a new trial after a verdict of $350 for plaintiff, defendant appealed. The modern law is that a riparian owner on navigable waters, as well as one owning land abutting on any other public highway, holds his land subordinate to the public use of such waters or highway, if such use is reasonably exercised.

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Action' in the district court for Morrison county to recover $800 for injuries to plaintiff's real estate. From an order, Baxter, J., denying a motion for a new trial after a verdict of $350 for plaintiff, defendant appealed. The modern law is that a riparian owner on navigable waters, as well as one owning land abutting on any other public highway, holds his land subordinate to the public use of such waters or highway, if such use is reasonably exercised. Osborne v Knife Falls, 32 Minn. 412; Carroll v. Wisconsin, 40 Minn. 168; McKenzie v. Mississippi, 29 Minn. 288; Robinson v. Great…

1Opinion of the Court

COLLINS, J..Defendaqt is a corporation organized under the provisions of G. S. 1894, c. 34, tit. 1. The general nature of its business is to improve a certain specified portion of the Mississippi river, and to drive, hold and handle logs therein. It is therefore amenable to the provisions of G. S. 1894, § 2633. It has built piers in the river within its territory, and has constructed and maintained log booms in connection therewith. In fact, it has very extensive works of this character at and above the city of Little Falls, upon said river.

The plaintiff is a riparian owner, several miles…

2Cited by6 opinions

  1. Reeves v. Backus-Brooks Co.Supreme Court of Minnesota · 1901
  2. Coyne v. Mississippi & Rum River Boom Co.Supreme Court of Minnesota · 1898
  3. Winans v. Northern States Power Co.Supreme Court of Minnesota · 1924
  4. Heiberg v. Wild Rice Boom Co.Supreme Court of Minnesota · 1914
  5. Pollock v. Ives Theatres, Inc.Washington Supreme Court · 1933

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