Hopkins v. Taylor
Supreme Court of Minnesota
Action in the district court for Washington county to enjoin defendant from draining bis swamps or wet lands by tiles, open drains or otherwise in such manner as to bring down onto the land of plaintiff any water that would otherwise be gathered and held in the swamps and low places on defendant’s land. The case was tried before Stolberg, J., who made findings and dismissed the action on its merits. From an order denying his motion for a new trial, plaintiff appealed.
1Opinion of the Court
Hallam, L.
Plaintiff and defendant own adjoining forties of land. Defend*512ant’s land lies to the north of plaintiff’s. On the westerly side of defendant’s land is a marsh of about 4.5 acres with no natural drainage. Defendant undertook to drain this marsh by a system of tile drainage, running southeasterly into a somewhat larger marsh, which extends on both sides of the line between the land of plaintiff and defendant. The result was to throw into this marsh and upon the land of plaintiff somewhat more surface water than naturally flowed there, and plaintiff brought this action to enjoin…
2Cases cited5 opinions
- Sheehan v. FlynnSupreme Court of Minnesota · 1894
- O'Brien v. City of St. PaulSupreme Court of Minnesota · 1878
- Peterson v. LundquistSupreme Court of Minnesota · 1908
- Rieck v. SchamanskiSupreme Court of Minnesota · 1912
- Howard v. Illinois Central RailroadSupreme Court of Minnesota · 1911
3Cited by7 opinions
- Enderson v. KelehanSupreme Court of Minnesota · 1948
- Thompson v. AndrewsSouth Dakota Supreme Court · 1917
- Hartle v. NeighbauerSupreme Court of Minnesota · 1919
- Kallevig v. HolmgrenSupreme Court of Minnesota · 1972
- Sandmeier v. Town of St. JamesSupreme Court of Minnesota · 1925
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