Quarnberg v. City of Chamberlain
South Dakota Supreme Court
Appeal from Circuit Court, Brule County. Hon. Frank B. .Smith, Judge. Action by Flans Quarnberg against the City of Chamberlain,, a municipal corporation, for damages resulting from an injunction against the construction by plaintiff of an artesian well for water for mill power. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Was plaintiff’s cause of action barred by the statute of limitations.
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Appeal from Circuit Court, Brule County. Hon. Frank B. .Smith, Judge. Action by Flans Quarnberg against the City of Chamberlain,, a municipal corporation, for damages resulting from an injunction against the construction by plaintiff of an artesian well for water for mill power. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Was plaintiff’s cause of action barred by the statute of limitations. “Civil actions- can only be commenced within the period prescribed in this code, after the cause of action shall have accrued, except where in special cases, a…
1Opinion of the CourtSmith, J.
For some nine or ten years prior to 1902, Hans Quarnberg, the plaintiff in this action, had been a resident of the city of Chamberlain, and for seven or eight years had operated a flour mill, near the bank of the river, at that place; the motive power used being water pressure from artesian wells. In the seven or eight years during which artesian water power was used, he had constructed four wells in succession, for the reason that, after a number of years’ use, the artesian water corroded the ■casing of the wells and caused the flow to decline or cease. Where this occurred, plaintiff put…
2Cases cited39 opinions
- Bagley v. . SmithNew York Court of Appeals · 1853
- City of Teree Haute v. HudnutIndiana Supreme Court · 1887
- Gilbert v. KennedyMichigan Supreme Court · 1871
- Chapman v. KirbyIllinois Supreme Court · 1868
- Lambert v. HaskellCalifornia Supreme Court · 1889
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3Cited by6 opinions
- Dodds v. BickleSouth Dakota Supreme Court · 1957
- Simmons v. LeightonSouth Dakota Supreme Court · 1932
- Byre v. WieczorekSouth Dakota Supreme Court · 1974
- Wangsness v. McAlpineSouth Dakota Supreme Court · 1922
- Wheeler v. HugillSouth Dakota Supreme Court · 1940
1 more not listed; retrieve them via the Exa API.