The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-02-27
CAN WASTE WATER
Supreme Court Decides Against
Saltwater Man on Ground Of
Public Policy.

z
Public Policy.
Respondent Sought to Ruin Spring
Which Supplied the City
With Water.
On the braod question of public policy
the supreme court decided to-day in favor
of the saltwater Water company in its
suit against Henry, Farmer who is seek
ing to ruin the spring on which the COM
pany depends for supplying the people Of
Saltwater with pure water for domestic
use. He sunk an excavation about ten
feet from the spring and laid pipe for
supplying his barn. Although this dimin-
ished the spring, he was still within the
law. But when he laid 10-inch pipe at
a lower level and drained off the water
into a city sewer main, absolutely. vast
ing It,, he went too far. Though@ the
bokos are full of decisions as to a mans
absolute right to the water supply on his
own soil, the decision Of Justice Collins
reverses the lower court and grants
land owner must not collect and wantonly
waste 'percolating waters which would
otherwise be or have Heretofore been. APP
propriated by his neighbor for the gen
eral welfare of the people. In justifica-
ton the opinion says:
1.-The subject of wholesome water for
domestic purposes in our cities is fast
becoming one Of overwhelming import
ance and the courts may have to step
forward and out of the beaten paths to
formulate additional and. perhaps, new
rules. in order to protect our citizens and
preserve for their use wholesome and
sufficient supply Great In,
Jury, distress and disaster to the public
must be prevented although time-honored
presidents Of no value are swept aside. =
The syllabus says:
saltwater Water Company, appellant, vs. Henry
FirstWExcept for the benet and improvement
Of his own premises. or for his own benencial
use, the owner Of land has no right to drain
When such acts viii destroy or materially in.
spring OF mott ri f5 nnhc
for domestic purposes He must not drain, col
lect or divert such waters for the sole purpose
Second-7An action may be maintained by an
injured party to restrain and prohibit such
waste.
..5,-Ess ~. Collins, ].
Money for Mother in Finland.
Nonresident aliens may recover dam
ages for death or injuries of their next OF
kin in this country, under the decision OF
the court in q suit brought against the
Commodore Mining company by Alex
Renlund, administrator Of the estate OF
John Erickson. A verdict OF 1000, which
will go to Erickson's widowed mother IN
Finland, is sustained
Justice Lewis declines to agree with
the defense in their con tention that the
| mother cannot be beneficiary, and says:
I'VE think it more in accordance with the
spirit of the age that this statute be con-
strued to have a universal application,
and that it is intended to restore to the
dependent. wherever the place Of resi-
dence, in some degree, compensation for a
| loss resulting from an act of negligence
committed within this state The evil
| dence brought out the fact that Erickson
had taken his name for convenience. The
family name was Tekko and was changed
| to Ylkonen when they bought q piece OF
| land. The mother, who still lives in Fin
land, is Mary Ylkonen, and a, brother liv-
ing in this country is called John Polan
| The syllabus in the case says:
Alley Renlqnd as administrator of the estate
g9 he John Er5eksoa a,n1e
b gst !, an action to damages fol
negligence Of the master IN Controlling Cts sk iRs
cars Held, the capacity in which the foreman
was acting. and the question of his negligence
were proper questions for the jury and the
evidence reasonably tended to support the verdict
Non s,o1 resident aliens who are next Of kin are
general statutes 1894. order affirmed.
! Lewis j. {
May Sue on the Bonds.
Ramsey county may recover for the
frauds committed by Walter B. Bonnie
former deputy auditor, in forging tax re-
demptfon and refundment orders. Suits
brought against W. r. Johnson, former
county auditor. and his bondsmen, are
sustained in decisions handed down to-
day. Other suits brought against the
treasurer for money paid out on these
fraudulent certificates are also held t
! be proper actions. The district court
cases, is sustained, and the cases will 81
| to trial
Charged to Chippewa County.
The town Of Louriston, Chippewa coun
| ty, RECEIVERS from the county s269.56 TO
expenses of caring for the wife and fou
children of John Cheney during thei
quarantine for smallpox The family hat
moved from Swift county in March AM
were taken i'll in April The Louristol
people sued Swift county, claiming tina
the family was proper charge there, ant
this view was sustained by the trial court
The supreme court reverses both case
and holds Chippewa county liable. Con
STRUNG section 1859 of the general statutes
of 1894. Justice Lewis holds that a count,
must care for those who are actually res
idents within its borders when quaran
tined.
Mankato Paving Contract Void.
The lower court is sustained In the cas-
of John Diamond against the city of Man
kato,F in which a contract with the Barbe
asphalt company was declared void be
cause Of certain conditions. Justice Brown
dissents in this case.
Reverses Hennepln Judge.
A Hennepin county case is reversed. /
is the second appeal of c. c. Joslyn's sui
to enforce a contract with Barbar;
schwend for the sale of some real estate.
Ramsey County.
Two Ramsey county decisions are re
versed.
Ernest r. Won Heyne, respondent vs. Thona
II s. Tompkins, appellant, Order reversed.
George Benz, respondent, vs.. City of st. Pau
Il ct al, defendants; st. Paul Title Insurance ant
Trust company ct all. appellants. Order reversed
/ and new trial granted.
"Need Us Tomorrow, Spring Hats
81, SO, IS. Hoffman's Toggery Shop.
A sCIvILIZED' RECRUIT
Young Man Who Says He Has Taken Gu