123 Minn. 476 | Minn. | 1913
Action for damages alleged to have been sustained by plaintiff and Lis assignors, from tbe overflowing of lands caused by tbe operation •of dams across and floating logs in Clearwater river, in Clearwater •county, claimed by plaintiff to be nonnavigable. When plaintiff rested in chief, tbe court directed a verdict for defendants. Plainfiff appealed from an order denying a new trial.
One of the dams, known as the Clearwater dam and operated by •defendant corporation, was located at the outlet of a lake of the same name, its effect being to retain the waters above it for use in floating logs down stream. the river was from 30 to 60 feet wide and from three to six feet deep with banks three or four feet or less above high-water mark, and for years had been used for the purpose of floating logs. Evidence was received sufficient, if believed, to sustain a finding that in May, 1905, there was some bead of water in the dam and a large number of logs in the river below it; that while such condition existed other logs were floated through the dam by defendant corporation; that though for some time prior thereto no heavy rains bad occurred, considerable water came down the stream, and a jam followed, and the lands and crops of plaintiff and bis assignors, including the garden of one of them, were overflowed, with resulting damage to crops and gardens, and leaving bark and branches on the premises. There was also evidence of similar damage in other years.
The individual defendant, who was called by plaintiff for cross-examination, appears to have been an unwilling witness, and considerable latitude should have been allowed plaintiff in examining him under the circumstances.
Eeversible error occurred in the regards above indicated. The record in a prior action, however, by another party seeking a recovery for damages from the operation of the dam, was properly excluded.
The rules and principles stated sufficiently cover the questions of law involved in plaintiff’s claims of damages alleged to have been incurred in other years.
Order reversed.