Carroll v. Township of Rye
North Dakota Supreme Court
Appeal from District Court, Grand Forks county; Fisk, J. Action by John M. Carroll against the township of Rye. Judg- . ment for defendant, and plaintiff appeals. In all states, having either a common law or civil law rule as to surface water damage, the general rule of negligence prevails, that in the construction of any public improvement, it must be upon a plan that will do no unnecessary damage to those who are protected before the improvement is made.
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Appeal from District Court, Grand Forks county; Fisk, J. Action by John M. Carroll against the township of Rye. Judg- . ment for defendant, and plaintiff appeals. In all states, having either a common law or civil law rule as to surface water damage, the general rule of negligence prevails, that in the construction of any public improvement, it must be upon a plan that will do no unnecessary damage to those who are protected before the improvement is made. That in such states, roads cannot be dug through ridges, and the ridges banked higher for the purpose of carrying surface water through…
1Opinion of the CourtEngerud, J.
Plaintiff seeks by this action to recover from the defendant -township damages suffered from the flooding of his land, caused by certain drains, ditches, roads and dikes which he alleges had been constructed and maintained by the township in such a way as to gather the surface water from distant territory and empty it upon his lands, upon which it would not naturally have come. The answer was, in effect, a general denial. The trial was before a jury, and resulted in a verdict for the plaintiff after the denial of defendant’s motion for a directed verdict. The defendant thereupon moved for…
2Cases cited15 opinions
- City of North Vernon v. VoeglerIndiana Supreme Court · 1885
- Cairo & Vincennes R. R. v. StevensIndiana Supreme Court · 1881
- Panton v. HollandNew York Supreme Court · 1819
- Hughes v. AndersonSupreme Court of Alabama · 1880
- Kauffman v. GriesemerSupreme Court of Pennsylvania · 1856
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Rosnick v. MarksNebraska Supreme Court · 1984
- Little v. Burleigh CountyNorth Dakota Supreme Court · 1957
- Soules v. Northern Pacific Railway Co.North Dakota Supreme Court · 1916
- Reichert v. Northern Pacific Railway Co.North Dakota Supreme Court · 1917
- Viestenz v. Arthur TownshipNorth Dakota Supreme Court · 1952
13 more not listed; retrieve them via the Exa API.