Skinner v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county by the executors of the last will and testament of M. W. Skinner, deceased, and V. H. Van Slyke to recover $19,200 for damages to their land caused by defendant’s interference with a natural watercourse by the construction of an embankment and culvert on its right of way. The answer alleged that the cause of action was barred by the statute of limitations.
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Action in the district court for Hennepin county by the executors of the last will and testament of M. W. Skinner, deceased, and V. H. Van Slyke to recover $19,200 for damages to their land caused by defendant’s interference with a natural watercourse by the construction of an embankment and culvert on its right of way. The answer alleged that the cause of action was barred by the statute of limitations. The case was tried before Molyneaux, L, who denied defendant’s motion for a directed Verdict, and a jury which returned a verdict for $3,000. From an order denying its motion for judgment…
1Opinion of the Court
Dibell, C.
This is an action to recover damages done to the plaintiffs’ farm by flooding it. There was a verdict for the plaintiffs. The defendant appeals from an order denying its alternative motion for judgment or for a new trial.
The plaintiffs’ farm consists of 200 acres lying in the vicinity of Lake Katrina in Hennepin county north of defendant’s- right of way. The defendant’s railroad was constructed in 1866. Originally there was a long trestle and bridge southerly of the plaintiffs’ lands. In 1891 the railroad filled in the trestle and constructed a culvert for carrying off the surplus…
2Cases cited9 opinions
- Sheehan v. FlynnSupreme Court of Minnesota · 1894
- Byrne v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1888
- Jungblum v. Minneapolis, New Ulm & Southwestern RailroadSupreme Court of Minnesota · 1897
- Brown v. Winona & Southwestern Railway Co.Supreme Court of Minnesota · 1893
- Reed v. Board of Park CommissionersSupreme Court of Minnesota · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Reichert v. Northern Pacific Railway Co.North Dakota Supreme Court · 1917
- Bush v. City of RochesterSupreme Court of Minnesota · 1934
- Poynter v. County of Otter TailSupreme Court of Minnesota · 1947
- Collins v. WicklandSupreme Court of Minnesota · 1958
- Shank v. Fidelity Mutual Life Insurance Co.Supreme Court of Minnesota · 1945
9 more not listed; retrieve them via the Exa API.