Eastman v. St. Anthony Falls Water-Power Co.
Supreme Court of Minnesota
Action brought in the district court for Hennepin county, to determine defendant’s adverse claim to “all that part of government lot 1, in section 23, town 29 north, range 24 west, commonly known as ‘Nicollet Island,’ lying northwesterly from the highway across said Nicollet Island known as Bridge street, and between Park street and the^Mississippi river, according to the plat of ‘Nicollet Island,’ on file,” etc., — the plaintiff alleging title and possession in herself.
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Action brought in the district court for Hennepin county, to determine defendant’s adverse claim to “all that part of government lot 1, in section 23, town 29 north, range 24 west, commonly known as ‘Nicollet Island,’ lying northwesterly from the highway across said Nicollet Island known as Bridge street, and between Park street and the^Mississippi river, according to the plat of ‘Nicollet Island,’ on file,” etc., — the plaintiff alleging title and possession in herself. The action was tried by Lochren, J., who ordered judgment for defendant, which was entered, and from which the plaintiff…
1Opinion of the Court
Vanderburgh, J.1
1. The defendant corporation has improved the water-power at and above the falls of St. Anthony, in pursuance of its charter, so as to cause the water to set back upon the shore of Nicollet island, which is situated in the Mississippi river, a short distance above the falls. The facts are particularly set forth in the findings of the court, from which it appears “that for many years prior to the 20th day of May, 1867, the defendant had maintained, and *62has up to this time continued to maintain, dams in the Mississippi river below Nicollet island, near the falls, which at the…
2Cases cited3 opinions
- Morrill v. Saint Anthony Falls Water-Power Co.Supreme Court of Minnesota · 1879
- State v. Minneapolis Mill Co.Supreme Court of Minnesota · 1879
- Butler v. HuseSupreme Judicial Court of Maine · 1874
3Cited by4 opinions
- Washburn v. Gregory Co.Supreme Court of Minnesota · 1914
- Huffman v. Henderson Co.Supreme Court of Arkansas · 1931
- Kernkamp v. Wellsville Fire Brick Co.Missouri Court of Appeals · 1943
- Minneapolis Trust Co. v. EastmanSupreme Court of Minnesota · 1891