Byrne v. Minneapolis & St. Louis Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Le Sueur county, Eclson, J., presiding, refusing'a new trial, after a verdict of $600, for plaintiff. The opinion upon an appeal in the former ease between these parties will be found in 29 Minn. 200.
1Opinion of the CourtDickinson, J.
In this action a recovery of damages is sought for the overflowing of the plaintiff’s land in the years from 1881 to 1885, both inclusive, the cause of such injury being, as is alleged, the constructing and maintaining by the defendant of its railroad, so as to obstruct a natural water-course, (the Cannon river,) which flows across the plaintiff’s land. The obstruction complained of was not on the plaintiff’s land. There had been a prior action between the same parties, anda judgment in favor of this plaintiff for injuries resulting from the same cause during several years prior to 1881. The…
2Cases cited4 opinions
- Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
- Lommeland v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1886
- Folsom v. Apple River Log-Driving Co.Wisconsin Supreme Court · 1877
- Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
3Cited by29 opinions
- Beck v. LindNorth Dakota Supreme Court · 1975
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Town of Jefferson v. HicksSupreme Court of Oklahoma · 1909
- O'Connell v. East Tenn., Va. & Ga. Railway Co.Supreme Court of Georgia · 1891
- United States Smelting Co. v. SisamCourt of Appeals for the Eighth Circuit · 1911
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