Krupke v. Stockard
Supreme Court of Minnesota
Action in the district court for Kandiyohi county against the owners of certain lands and the supervisors of the town of Lake Henry to recover $1,000 damages caused by the overflow of a ditch constructed by defendants,, and to restrain defendants from maintaining the ditch.
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Action in the district court for Kandiyohi county against the owners of certain lands and the supervisors of the town of Lake Henry to recover $1,000 damages caused by the overflow of a ditch constructed by defendants,, and to restrain defendants from maintaining the ditch. The case was tried before Qvale, J., who found, among other facts, that the ditch in question was 6,775 feet long and had a fall of nineteen feet, that' it was two feet at the bottom, three feet at the top, and'varied in depth from two feet eight inches to four feet and five feet; that it conveyéd large quantities of water…
1Opinion of the CourtLewis, J.
Appellants were the owners of certain tracts of land upon which were located three sloughs or ponds. The upper one contained ninety acres, and in extremely high water overflowed, the water finding its way through a depression to the second or middle slough, which consisted of about sixty acres. The waters of this slough, also, when very high, overflowed, and found their way into a third slough, consisting of about six acres; where in dry seasons the water disappeared. There was no natural outlet or inlet to any of the sloughs. The upper slough at times contained water to a depth of six or…
2Cases cited3 opinions
- Sheehan v. FlynnSupreme Court of Minnesota · 1894
- Gilfillan v. SchmidtSupreme Court of Minnesota · 1896
- Werner v. PoppSupreme Court of Minnesota · 1905
3Cited by4 opinions
- Thompson v. AndrewsSouth Dakota Supreme Court · 1917
- Pell v. NelsonSupreme Court of Minnesota · 1972
- Anderson v. DrakeSouth Dakota Supreme Court · 1909
- Lahti v. Duluth, Missabe & Northern Railway Co.Supreme Court of Minnesota · 1923