Legal Opinion

Erickson v. Minnesota & Ontario Power Co.

Supreme Court of Minnesota

Decided July 28, 1916No. Nos. 19,689—(90)PublishedCited by 29 opinions

Action in the district court for Koochiching county to recover $3,000 for operating defendant’s dam so as to flood plaintiff’s land.

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Action in the district court for Koochiching county to recover $3,000 for operating defendant’s dam so as to flood plaintiff’s land. The answer set up the several acts of Congress authorizing the construction of the dam, and alleged that, at the time of the passage of the acts and of the approval of the plans of the dam, the land described in the complaint was the property of the United States, .and if plaintiff had any interest therein he acquired it from the United States, after the passage of the acts of Congress and of the approval of the plans of the dam. The answer also set up the…

1Opinion of the CourtHaliam, J.

Plaintiff owns a tract of land near Rainy Lake. Some of it abuts upon Jackfish Bay, an arm of Rainy Lake. The outlet of Rainy Lake into *211Rainy River is a short distance from plaintiff’s land. A dam is thrown across Rainy River about three miles from the outlet of the lake. In the seasons of 1912 and 1913 plaintiff’s land was flooded. He sues defendant for damages. The court dismissed the action at the close of plaintiff’s case. Plaintiff appeals.

Plaintiff makes these claims:

That his land was overflowed and that the cause of the flowage was the negligent operation of the dam.

That the defendant…

2Cases cited27 opinions

  1. Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
  2. Thomson-Houston Electric Co. v. Durant Land Improvement Co.New York Court of Appeals · 1894
  3. Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
  4. Berthold v. HolmanSupreme Court of Minnesota · 1867
  5. Commonwealth Title Insurance & Trust Co. v. DokkoSupreme Court of Minnesota · 1898

22 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. Anderson v. AbbottSupreme Court of the United States · 1944
  3. National Labor Relations Board v. Deena Artware, Inc.Supreme Court of the United States · 1960
  4. L & H AIRCO, INC. v. Rapistan Corp.Supreme Court of Minnesota · 1989
  5. Lehman v. Hansord Pontiac Co. Inc.Supreme Court of Minnesota · 1955

24 more not listed; retrieve them via the Exa API.

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