Dudley v. Village of Buffalo
Supreme Court of Minnesota
Action in the district court for Wright county to recover $1,200 for flooding plaintiff’s land. The cause was tried before Tarbox, J., and a jury. At the conclusion of plaintiff’s evidence, the court dismissed the case on the ground that he had failed to prove his case. From an order denying his motion for a new trial, plaintiff appealed.
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Action in the district court for Wright county to recover $1,200 for flooding plaintiff’s land. The cause was tried before Tarbox, J., and a jury. At the conclusion of plaintiff’s evidence, the court dismissed the case on the ground that he had failed to prove his case. From an order denying his motion for a new trial, plaintiff appealed. That making one’s premises a place of deposit for the surplus waters in the sewer in times of high water, or creating a nuisance upon them so as to deprive the owner of the beneficial use of bis property, is an appropriation requiring compensation to be…
1Opinion of the Court
STAKT, G. J.
This is an action for the recovery of damages which the plaintiff claims he has sustained by the negligence of the defendant village, whereby his land was flooded with water and covered with mud and filth. At the close of his evidence the trial court dismissed the action, and he appeals from an order denying his motion for a new trial.
All of the assignments of error save the last one relate to the rulings of the trial court as to rejection and reception of evidence on the trial. It is unnecessary to refer to or discuss these assignments in detail, for all of them so far as they…
2Cases cited4 opinions
- Henderson v. City of MinneapolisSupreme Court of Minnesota · 1884
- Alden v. City of MinneapolisSupreme Court of Minnesota · 1877
- St. Paul & Duluth Railroad v. City of DuluthSupreme Court of Minnesota · 1894
- Robbins v. Village of WillmarSupreme Court of Minnesota · 1898
3Cited by9 opinions
- Archer v. City of Los AngelesCalifornia Supreme Court · 1941
- Martinez v. CookNew Mexico Supreme Court · 1952
- Chabot v. City of Sauk RapidsSupreme Court of Minnesota · 1988
- Adams v. Oklahoma CitySupreme Court of Oklahoma · 1908
- City of Globe v. ShuteArizona Supreme Court · 1921
4 more not listed; retrieve them via the Exa API.