Nutt v. Mills County
Supreme Court of Iowa
Appeal from Pottawattamie District Court. The plaintiff avers that the defendant constructed a ditch and embankment along his land; that the defendant was guilty of negligance in the construction, and by reason thereof the plaintiff’s land has been overflowed, and he has sustained injury. The defendant demurred to the petition, and the demurrer was sustained. The plaintiff electing to stand upon his petition, judgment was rendered against him for costs. He appeals. ■
1Opinion of the CourtAdams, J.
— The defendant is what is called & quasi corporation. Such corporations are not ordinarily liable for negligence. Kincaid v. Hardin County, 53 Iowa, 430. The precise question before us was determined in Greene v. Harrison County, ante, 311. The case of Wilson v. Jefferson County, 13 Iowa, 181, and other cases respecting county bridges, it was held did not apply. *In our opinion the petition did not show a cause of action, and the demurrer was properly sustained,
Affirmed.
2Cases cited2 opinions
- Kincaid v. Hardin CountySupreme Court of Iowa · 1880
- Wilson v. Jefferson CountySupreme Court of Iowa · 1862
3Cited by7 opinions
- Packard v. VoltzSupreme Court of Iowa · 1895
- Shirkey v. Keokuk CountySupreme Court of Iowa · 1937
- Gibson v. Sioux CountySupreme Court of Iowa · 1918
- Wenck v. Carroll CountySupreme Court of Iowa · 1908
- Larsen v. Independent School DistrictSupreme Court of Iowa · 1937
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