Tosini v. Cascade Milling Co.
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Joseph Tosini against the Cascade Milling Company. From a judgment for plaintiff, and from an order denying • defendant’s motion for a new trial, it appeals.
1Opinion of the CourtCorson, J.
This action was instituted by the plaintiff, claiming to be the owner of a tract of land adjacent to the Sioux river in the city of Sioux Falls, to recover damages for injuries resulting to the crops upon said land during the year 1906 and injuries, to the land caused as alleged by, the unlawful damming up of the waters of said river by the defendant. Verdict and judgment being in favor óf the plaintiff, the defendant has appealed.
It is disclosed by the evidence that about the year 1878 the grantors or predecessors in interest of the defendant erected a dam on the Sioux River, in the city of…
2Cases cited2 opinions
- State v. Security BankSouth Dakota Supreme Court · 1892
- Miller v. DurstSouth Dakota Supreme Court · 1901