WESTPHAL v. SCHMALZ

No. 41593.

169 N.W.2d 401 (1969)

Ervin E. WESTPHAL, Respondent, v. Ortwin G. SCHMALZ, Appellant.

Supreme Court of Minnesota.

July 11, 1969.


Attorney(s) appearing for the Case

Johnson, Schmidt, Thompson & Schneider, and John Lindstrom, Willmar, Robert V. Wurm, Olivia, for appellant.

Willette, Zeug & Kraft, Olivia, for respondent.

Putnam, Spencer & Johnson, Blue Earth, amicus curiae.

Heard before KNUTSON, C. J., and NELSON, SHERAN, PETERSON, and FRANK T. GALLAGHER, JJ.


OPINION

PETERSON, Justice.

This is an appeal from a judgment against defendant for permanent injunction and damages because, without statutory authorization, he installed and connected tile from his land to a judicial ditch system serving plaintiff's land. The facts essential to an understanding and determination of the issue are uncomplicated and, except for the ultimate fact determining the necessity for such statutory authorization, undisputed.

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