Olson v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Olay county to recover damages for the flooding of his lands and the destruction of his crops, in 1885, by the closing of a ditch which defendant had constructed in 1880, from its right of way to a point some three miles distant; this ditch crossing plaintiff’s land and serving to drain off the surface water, and being the same for the construction of which the defendant was held liable to Martin Olson and others, in…
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Plaintiff brought this action in the district court for Olay county to recover damages for the flooding of his lands and the destruction of his crops, in 1885, by the closing of a ditch which defendant had constructed in 1880, from its right of way to a point some three miles distant; this ditch crossing plaintiff’s land and serving to drain off the surface water, and being the same for the construction of which the defendant was held liable to Martin Olson and others, in Olson v. St. Paul, M. é M. By. Go., ante, p. 419. The action was tried by Mills, J., upon the pleadings and an agreed…
1Opinion of the CourtCollins, J.
This case may well be denominated as the opposite of that decided at this term wherein one Martin Olson is plaintiff, in which this defendant, a railroad corporation, was compelled to respond in damages for maintaining a ditch, some miles in length, built at a right angle from ditches excavated parallel to and upon each side of its road-bed; by means of which it was alleged that surface waters were collected, carried in the direction of said Olson’s farm lands, and then turned out so as to reach his farm in such quantities, and for such a long period of time, as to destroy his crops. Olson v.…
2Cases cited2 opinions
- Johnson v. SkillmanSupreme Court of Minnesota · 1882
- Jones v. WilderSupreme Court of Minnesota · 1881
3Cited by5 opinions
- Peach v. ReedSupreme Court of Minnesota · 1902
- Albury v. Central and Southern Florida Flood Control DistrictDistrict Court of Appeal of Florida · 1957
- Charles Betcher Lumber Co. v. City of HastingsSupreme Court of Minnesota · 1915
- Camp v. MilamSupreme Court of Alabama · 1973
- Camp v. MilamSupreme Court of Alabama · 1973