PELL v. NELSON

No. 43311.

201 N.W.2d 136 (1972)

Grace E. PELL, et al., individually, and as tenants in common, and as Administrators of the Estate of I. G. Pell, Deceased, Appellants, v. Robert NELSON, Jr., Respondent.

Supreme Court of Minnesota.

September 15, 1972.


Attorney(s) appearing for the Case

Muir, Lundblad, Meyer & Storey, Jackson, for appellants.

Tuveson & Goldman, Albert Lea, for respondent.

Heard before KNUTSON, C. J., and OTIS, KELLY, and TODD, JJ.


OTIS, Justice.

The issue raised on this appeal is whether the mechanical means employed by plaintiffs for gathering and disposing of surface water and releasing it so that it flows across defendant's adjoining property is an unreasonable use of plaintiffs' land. The trial court held that it was and we affirm.

The plaintiffs Pell own 360 acres of farmland in Freeborn County, of which a so-called "Kral 40" was purchased in 1967. Defendant, Robert Nelson, in...

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