Weaver v. Mississippi & Rum River Boom Co.
Supreme Court of Minnesota
Plaintiff, as the owner of certain land bordering on the Mississippi river, brought this action in the district court for Hennepin county, to recover damages of defendant for its wrongful acts, (1) in unlawfully taking and carrying away from such land a large quantity of stone; (2) in constructinig and maintaining in the Mississippi river, and upon land of the plaintiff, stone piers, whereby a large part of the main body of the river has been diverted from its natural…
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Plaintiff, as the owner of certain land bordering on the Mississippi river, brought this action in the district court for Hennepin county, to recover damages of defendant for its wrongful acts, (1) in unlawfully taking and carrying away from such land a large quantity of stone; (2) in constructinig and maintaining in the Mississippi river, and upon land of the plaintiff, stone piers, whereby a large part of the main body of the river has been diverted from its natural channel, and turned over and upon plaintiff’s land, greatly damaging the same, by overflowing it and depositing upon it large…
1Opinion of the Court
Mitchell, J.*
No principle is more fully implanted in American constitutional law than that private property shall not be taken for public use without compensation; and, in view of the fact that the government is granting so much of its prerogative franchise to private or quasi public corporations, in theory for public purposes, but often practically in part for private benefit, the exercise of which involves injury to, or the taking of, private property, there is no constitutional guaranty that requires to be more jealously guarded against encroachment than the one referred to.
The state…
2Cases cited9 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
- Hooker v. New-Haven & Northampton Co.Supreme Court of Connecticut · 1841
- Arimond v. Green Bay & Mississippi Canal Co.Wisconsin Supreme Court · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Spaeth v. City of PlymouthSupreme Court of Minnesota · 1984
- Carpenter v. Board of County Com'rsSupreme Court of Minnesota · 1894
- Staton v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1892
- State Ex Rel. Peterson v. BentleySupreme Court of Minnesota · 1943
- Tate v. City of St. PaulSupreme Court of Minnesota · 1894
23 more not listed; retrieve them via the Exa API.