City Power Co. v. Fergus Falls Water Co.
Supreme Court of Minnesota
Appeal by defendant, the Fergus Falls Water Company, from an order of the District Court of Otter Tail County, L. L. Baxter, J., made August 29,1893, denying its motion for a new trial. The plaintiff, the City Power Company, is a corporation and owns a dam across the Eed River at Fergus Falls and the waterpower on that river created thereby.
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Appeal by defendant, the Fergus Falls Water Company, from an order of the District Court of Otter Tail County, L. L. Baxter, J., made August 29,1893, denying its motion for a new trial. The plaintiff, the City Power Company, is a corporation and owns a dam across the Eed River at Fergus Falls and the waterpower on that river created thereby. The defendant is also a corporation engaged in supplying the City and its inhabitants with water through pipes laid beneath the streets. It operates its works and maintains a pressure in its pipes by pumps propelled by waterpower which it leased from the…
1Opinion
ON APPLICATION FOR REARGUMENT.
Denied Nov. 29. 1893.
2Per curiam
Upon motion for rehearing. It is possible that upon the evidence this court was not fully justified in asserting, as it did in the opinion, that defendant’s failure to obtain the quantity of water and all of the power granted to it by the lease was due to an insufficiency for both Kirk and itself. But in the fourth subdivision *177of tlie reply plaintiff admits the leasing of power and water to Kirli, alleges that be has entered into possession of tbe same, and “has since continued to operate, control, and use the same.” Again, in the same…
3Cited by1 opinion
- City Power Co. v. Fergus Falls Water Co.Supreme Court of Minnesota · 1893