Nye v. Kahlow
Supreme Court of Minnesota
Action in the district court for L,e Sueur county to enjoin the maintenance by defendant of a drainage ditch by which surface water on defendant’s land was diverted to the land of plaintiff, and to recover $1,000 for injuries to plaintiff’s land caused by water so diverted. The case was tried before Cadwell, J., who made findings of fact and as conclusions of law found that plaintiff'was entitled to a permanent injunction and to $25 damages.
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Action in the district court for L,e Sueur county to enjoin the maintenance by defendant of a drainage ditch by which surface water on defendant’s land was diverted to the land of plaintiff, and to recover $1,000 for injuries to plaintiff’s land caused by water so diverted. The case was tried before Cadwell, J., who made findings of fact and as conclusions of law found that plaintiff'was entitled to a permanent injunction and to $25 damages. From an order, Morrison, J., denying a motion for a new trial, defendant appealed.
1Opinion of the CourtElliott, J.
From the findings of the trial court it appears that the plaintiff and defendant, respectively, are the owners of adjoining tracts of land in Le Sueur county. On the plaintiff’s land, which lies south of the dividing line, there is a road which runs about parallel with and near the line. Seventy feet north of the line a ravine commences, and extends south-wardly across the line and through the plaintiff’s land. Where the road crosses this ravine the plaintiff has for her own convenience constructed a bridge, by filling the ravine with dirt and logs. Upon the land of the defendant there is a…
2Cases cited12 opinions
- Sheehan v. FlynnSupreme Court of Minnesota · 1894
- Smith v. KippSupreme Court of Minnesota · 1892
- Conan v. City of ElySupreme Court of Minnesota · 1903
- Cappis v. WiedemannSupreme Court of Minnesota · 1902
- Moody v. TschaboldSupreme Court of Minnesota · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Enderson v. KelehanSupreme Court of Minnesota · 1948
- Clifford v. PetersonSupreme Court of Minnesota · 1967
- Howard v. Illinois Central RailroadSupreme Court of Minnesota · 1911
- In Re Petition of LippmannSupreme Court of Minnesota · 1957
- Collins v. WicklandSupreme Court of Minnesota · 1958
11 more not listed; retrieve them via the Exa API.