Hull v. Harker
Supreme Court of Iowa
Appeal from, Boone District Court.— Hon. J. H. Richard, Judge. Action in equity to enjoin defendants from permitting the water discharged from tile drains on their lands to be emptied upon or caused to run over the land of plaintiff, and to recover damages. After hearing the evidence, the trial court rendered a decree dismissing plaintiff’s action, and plaintiff appeals.—
1Opinion of the CourtMcClain, C. J.
Plaintiff’s land is situated adjoining to and south of the lands of defendants, and a natural swale runs in a southeasterly direction, crossing the lands of defendants and the land of plaintiff. This swale is the principal waterway through which surface water from a considerable distance to the north is carried southward into what is called “ Preston’s Branch.” In two or three places north of plaintiff’s land this swale is crossed by «highways, and in each instance an opening has been'provided below the surface of the highway by means of large tiles, eighteen to twenty-four inches in…
2Cases cited5 opinions
- Lambert v. AlcornIllinois Supreme Court · 1893
- Vannest v. FlemingSupreme Court of Iowa · 1890
- Dorr v. SimmersonSupreme Court of Iowa · 1905
- Wharton v. StevensSupreme Court of Iowa · 1891
- Dorr v. SimersonSupreme Court of Iowa · 1887
3Cited by28 opinions
- Chicago, B. & Q. R. v. Board of Sup'rsCourt of Appeals for the Eighth Circuit · 1910
- Brown v. HoneyfieldSupreme Court of Iowa · 1908
- Board of Supervisors v. Board of SupervisorsSupreme Court of Iowa · 1932
- Lyon v. Board of SupervisorsSupreme Court of Iowa · 1912
- Hatton v. CaleSupreme Court of Iowa · 1911
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