Legal Opinion

Wilson v. Chicago, Rock Island & Pacific Railway Co.

Supreme Court of Iowa

Decided July 2, 1909PublishedCited by 2 opinions

Appeal from Wapello District Court. — IIon. Frank W. Eichelberger, Judge. This is an action for damages for alleged destruction of crops resulting from tbe flooding of plaintiff’s field through the alleged negligence of the defendant. The answer was a general denial. There was a verdict and judgment for plaintiff. Defendant appeals.

1Opinion of the CourtEvans, C. J.

The plaintiff was a tenant, from year to year, of the lands alleged to have been flooded, and had no other interest in the land, or the ownership theréof. His contention was that in June, 1905, the land occupied by him as tenant was flooded through the negligence of the defendant, and that his crops growing thereon were destroyed on certain acreage thereof. He was a tenant occupying the same land in 1906, and his crops growing on a part of the land were similarly destroyed in that year. He made no claim of injury to the land as distinguished from the injury to the growing crop.

1. Overflowed…

2Cases cited1 opinion

  1. Blunck v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1909

3Cited by2 opinions

  1. Merrill v. KohlbergCalifornia Court of Appeal · 1916
  2. Gregory v. Kirkman Consolidated Independent School DistrictSupreme Court of Iowa · 1922

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