Legal Opinion

Peterson v. Lundquist

Supreme Court of Minnesota

Decided December 31, 1908No. Nos. 15,798—(97)PublishedCited by 16 opinions

Action in the district court for Traverse county to restrain defendant from casting water upon plaintiff’s land, and from interfering with the ditches of plaintiff, and for $933 damages caused to plaintiff’s crops and land by the flow of water in the years 1903, 1904, 1905 and 1906 from defendant’s land due to defendant’s opening several ditches.

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Action in the district court for Traverse county to restrain defendant from casting water upon plaintiff’s land, and from interfering with the ditches of plaintiff, and for $933 damages caused to plaintiff’s crops and land by the flow of water in the years 1903, 1904, 1905 and 1906 from defendant’s land due to defendant’s opening several ditches. Defendant’s answer asked for $1,050 damages on several counterclaims and an order prohibiting plaintiff from maintaining any .dams or embankments across certain natural depressions or drains. The case was tried before Flaherty, J., who made findings…

1Opinion of the CourtBrown, J.

Action to restrain and enjoin the maintenance by the defendant of a drainage ditch, constructed by him upon his premises, the result of which plaintiff claims unreasonably and unnecessarily casts large quantities of surface water upon his farm, which adjoins that of defendant, to the injury and damage of the same. The trial below was before the court without a jury, and resulted in findings and conclusions of law awarding judgment in plaintiff’s favor substantially as prayed for in the complaint. Thereafter defendant moved for a new trial and for modified findings of fact, which was denied.…

2Cases cited2 opinions

  1. Butts v. AndersonSupreme Court of Oklahoma · 1907
  2. Erhard v. WagnerSupreme Court of Minnesota · 1908

3Cited by16 opinions

  1. Enderson v. KelehanSupreme Court of Minnesota · 1948
  2. Ginsberg v. WilliamsSupreme Court of Minnesota · 1965
  3. Higgins v. RuedNorth Dakota Supreme Court · 1915
  4. State v. RicksIdaho Supreme Court · 1921
  5. Dubs ex rel. Dubs v. Northern Pacific Railway Co.North Dakota Supreme Court · 1921

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