Wadman v. Trout Lake Lumber Co.
Supreme Court of Minnesota
Action in tbe district court for St. Louis county to recover $700 for flooding plaintiff’s premises abutting upon Vermilion lake.
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Action in tbe district court for St. Louis county to recover $700 for flooding plaintiff’s premises abutting upon Vermilion lake. The case was tried before Cant, J., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $300. Defendant’s motion for judgment notwithstanding the verdict was denied, and its motion for a new trial was granted unless plaintiff consented to a reduction of the verdict to $225. From the judgment entered pursuant to the reduced verdict, defendant appealed.
1Opinion of the CourtHallam, J.
This action is brought to recover damages caused by the unlawful flowage by defendant of plaintiff’s land. The jury found for plaintiff and defendant appeals. Plaintiff’s land is adjacent to Vermilion lake, in St. Louis county, and is partly surrounded by it. This lake covers 71 square miles. It has a drainage basin of about 500 square miles and is fed by a number of small streams. Its outlet is the Vermilion river. At the point of outlet a dam has been maintained somewhat intermittently for a number of years. This dam is about 175 feet long. In July, 1912, defendant having then control of…
2Cases cited7 opinions
- First State Bank v. KellyNorth Dakota Supreme Court · 1915
- Johnson v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1887
- Wells v. MosesSupreme Court of Minnesota · 1902
- Pink v. Metropolitan Milk Co.Supreme Court of Minnesota · 1915
- Riley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1898
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3Cited by5 opinions
- Hammel v. FeighSupreme Court of Minnesota · 1919
- Powell v. Standard Oil Co.Supreme Court of Minnesota · 1926
- Mullen v. DevenneySupreme Court of Minnesota · 1921
- Willie v. Minnesota Power & Light Co.Supreme Court of Minnesota · 1933
- State v. CouplinSupreme Court of Minnesota · 1920