Carlson v. St. Louis River Dam & Improvement Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county to enjoin defendant from flooding plaintiff’s land, and for $500 damages for flooding the same in 1895 and 1896. The cause was tried before Moer, J., without a jury, and judgment was ordered for plaintiff, awarding the injunction prayed for in the complaint, and $15 damages. From an order denying its motion for a new trial, defendant appealed.
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Action in the district court for St. Louis county to enjoin defendant from flooding plaintiff’s land, and for $500 damages for flooding the same in 1895 and 1896. The cause was tried before Moer, J., without a jury, and judgment was ordered for plaintiff, awarding the injunction prayed for in the complaint, and $15 damages. From an order denying its motion for a new trial, defendant appealed. At the trial, defendant offered to prove that Boulder creek flows into the Cloquet river, that the Cloquet river runs into the St. Louis river and the St. Louis river into Lake Superior; that upon the…
1Opinion of the CourtBuck, J.
The plaintiff owns a farm containing 63 acres, through which flows the Cloquet river, the waters of which are discharged into the St. Louis river and thence flow into Lake Superior. The defendant constructed and owns a dam, 20 feet high, extending across said Cloquet river, and there constructed sluices, flood gates and locks on the said dam, 12 feet high, which can be opened and closed by the defendant at will; and, when closed, the water in said river *131gathers and collects above said dam, and is retained in great quantities. The defendant also built a similar dam, with similar appurtenances,…
Also in this document: Per curiam.
2Cases cited4 opinions
- Carpenter v. Board of County Com'rsSupreme Court of Minnesota · 1894
- Weaver v. Mississippi & Rum River Boom Co.Supreme Court of Minnesota · 1881
- Morrill v. Saint Anthony Falls Water-Power Co.Supreme Court of Minnesota · 1879
- McKenzie v. Mississippi & Rum River Boom Co.Supreme Court of Minnesota · 1882
3Cited by9 opinions
- Ryals v. PigottMississippi Supreme Court · 1990
- Kamm v. NormandOregon Supreme Court · 1907
- Mitchell v. City of St. PaulSupreme Court of Minnesota · 1948
- Gravel v. Little Falls Improvement & Navigation Co.Supreme Court of Minnesota · 1898
- Sumner Lumber & Shingle Co. v. Pacific Coast Power Co.Washington Supreme Court · 1913
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