City Power Co. v. Fergus Falls Water Co.
Supreme Court of Minnesota
Appeal by defendant, the Fergus Falls Water Company, from an order of the District Court of Otter Tail County, L. L. Baxter, J., made August 29,1893, denying its motion for a new trial. The plaintiff, the City Power Company, is a corporation and owns a dam across the Eed River at Fergus Falls and the waterpower on that river created thereby.
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Appeal by defendant, the Fergus Falls Water Company, from an order of the District Court of Otter Tail County, L. L. Baxter, J., made August 29,1893, denying its motion for a new trial. The plaintiff, the City Power Company, is a corporation and owns a dam across the Eed River at Fergus Falls and the waterpower on that river created thereby. The defendant is also a corporation engaged in supplying the City and its inhabitants with water through pipes laid beneath the streets. It operates its works and maintains a pressure in its pipes by pumps propelled by waterpower which it leased from the…
1Opinion of the CourtCollins, J.
To dispose of this appeal, which is from an order denying defendant’s motion for a new trial in an action brought to recover an amount alleged to be due as rent under the terms and conditions of a certain written lease, we have simply to consider and construe a portion of the instrument, there being no controversy over the facts. The lease was executed between plaintiff’s predecessor in interest and this defendant on August 1, 1883, and demised to the latter for a period of years a lot of land embraced in a mill reserve and site, the right to lay and maintain certain water mains, the right to…
2Cases cited4 opinions
- Inhabitants of Stratford v. SanfordSupreme Court of Connecticut · 1832
- Clement v. GouldSupreme Court of Vermont · 1889
- Collins v. LewisSupreme Court of Minnesota · 1893
- City Power Co. v. Fergus Falls Water Co.Supreme Court of Minnesota · 1893
3Cited by2 opinions
- Paterson v. BridgesAlabama Court of Appeals · 1917
- Colonial Court Apartments, Inc. v. KernSupreme Court of Minnesota · 1968