Pate v. Rogers
Supreme Court of Iowa
Appeal from Johnson District Court. — R. G. Popham, Judge. Action in equity by the owner of the dominant estate, to enjoin the owner of the servient estate from obstructing the flow of surface water in a natural depression or watercourse, causing the same to overflow his estate, and to compel the defendant board of supervisors and township trustees to maintain a proper opening in the highway for the escape of the water, and to prevent the same from being held back on his…
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Appeal from Johnson District Court. — R. G. Popham, Judge. Action in equity by the owner of the dominant estate, to enjoin the owner of the servient estate from obstructing the flow of surface water in a natural depression or watercourse, causing the same to overflow his estate, and to compel the defendant board of supervisors and township trustees to maintain a proper opening in the highway for the escape of the water, and to prevent the same from being held back on his premises. Relief was granted as prayed,.and the defendant appeals. —
1Opinion of the CourtStevens, C. J.
1' watercourses: dirersiln™í'n»tmal diamage. — Plaintiff, Edward Pate, and the appellant, James Rogers, are each the owner of 80 acres of land in Clear Creek Township, Johnson County. The two tracts are separated by a north and south highway, plaintiff’s lying on the east side thereof. The general slope of the surface of the highway, which is graded but jg toward the north. The elevation of the highway at the north side of the two tracts is eight or nine feet lower than at the south side. Ditches which carried the water north have been maintained a part of the distance on each side of the…
2Cases cited2 opinions
- Priest v. MaxwellSupreme Court of Iowa · 1905
- Thiessen v. ClaussenSupreme Court of Iowa · 1907
3Cited by5 opinions
- Hunt v. SmithSupreme Court of Iowa · 1947
- Jacobson v. CamdenSupreme Court of Iowa · 1945
- Droegmiller v. OlsonSupreme Court of Iowa · 1949
- Esters v. AndersonSupreme Court of Iowa · 1927
- Wheatley v. Cass CountySupreme Court of Iowa · 1948