Plaude v. Mississippi & Rum River Boom Co.
Supreme Court of Minnesota
Action in the district court for Wright county to recover $3,000 for injury to certain land caused by defendant’s negligence.
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Action in the district court for Wright county to recover $3,000 for injury to certain land caused by defendant’s negligence. The answer alleged that, if plaintiff’s premises 'were damaged in the spring of 1916, the injury was not caused by want of care of defendant, but resulted solely from the act of God, the law of nature, climatic conditions and. extraordinary conditions and circumstances in the Mississippi river, over which defendant had no control, all of which caused an unprecedented flood in that river. The ease was tried before Giddings, J., who at the close of the evidence denied…
1Opinion of the CourtHolt, J.
Plaintiff recovered damages for injury to her farm caused by the alleged negligence of defendant. The appeal is from an order denying the motion in the alternative for judgment notwithstanding the verdict or a new trial.
The farm is located on the banks of the Mississippi river, a short distance above Elk river. The course of the river is at this place almost due east, plaintiff’s north boundary being the river. Some 15 acres near the river are a few feet above the high water stage. It is claimed in the complaint that defendant, a corporation duly chartered to take charge of the transportation…
2Cases cited8 opinions
- Hueston v. Mississippi & Rum River Boom Co.Supreme Court of Minnesota · 1899
- Sheldon v. . ShermanNew York Court of Appeals · 1870
- Jones v. BurgessSupreme Court of Minnesota · 1914
- Burnett v. Great Northern Railway Co.Supreme Court of Minnesota · 1899
- Reynolds v. Great Northern Railway Co.Supreme Court of Minnesota · 1912
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