SOUKUP v. CITY OF SLEEPY EYE

No. 41010.

161 N.W.2d 36 (1968)

Edward SOUKUP, individually and as attorney-in-fact for Joseph Soukup and Will Heinrich, Appellants, v. CITY OF SLEEPY EYE, Respondent.

Supreme Court of Minnesota.

Rehearing Denied September 24, 1968.


Attorney(s) appearing for the Case

Young & Donnelly, New Ulm, for appellants.

Carl A. Jensen, Sleepy Eye, for respondent.


OPINION

NELSON, Justice.

Motion by plaintiffs for an order remanding an action to the District Court of Brown County for a new trial, or, in the alternative, for an order remanding the matter to said court for further proceedings.

The action involved an alleged nuisance and damage to land caused by surface water. It was first tried in December 1965, and defendant prevailed. A new trial was granted, the case was retried, and again a verdict was returned...

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