Voligny v. Stillwater Water Co.
Supreme Court of Minnesota
Action in the district court for Washington county to recover §2,500 for damages alleged to have been sustained by the flooding of plaintiff’s land. The case was tried before Crosby, J., and a jury, which rendered a verdict of §500 in favor of plaintiff. From a judgment entered on the verdict, defendant appealed. The instructions requested by defendant and referred to in the opinion are as follows: “First.
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Action in the district court for Washington county to recover §2,500 for damages alleged to have been sustained by the flooding of plaintiff’s land. The case was tried before Crosby, J., and a jury, which rendered a verdict of §500 in favor of plaintiff. From a judgment entered on the verdict, defendant appealed. The instructions requested by defendant and referred to in the opinion are as follows: “First. If plaintiff consented to the opening and grading of Fourth street on a grade and plan that brought additional water into this ravine, and it was so graded and constructed, and the…
1Opinion of the CourtMitchell, J.
This action is of the same nature, grew out of the same occurrence, and, with one exception hereafter referred to, involved the same facts, as Simpson v. Stillwater Water Co., reported in 62 Minn. 444, 64 N. W. 1144, which may be referred to for a fuller statement of the facts, as well as for some of the legal principles involved.
The only difference between the facts of the two cases is that Simpson had nothing to do with the construction of the stone *183wall referred to in the opinion in that case, and referred to in the pleadings and evidence in this case as the “party wall.” The plaintiff and…
2Cases cited1 opinion
- Simpson v. Stillwater Water Co.Supreme Court of Minnesota · 1895