Hayes v. Oyer
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. F. O. Ellison, Judge. Suit in equity by certain township trustees to enjoin the defendant from maintaining a dam. in a ditch on the south side of a highway adjoining defendant’s land, thereby easting the water upon the highway and into ditches alongside thereof, making the said highway muddy, sticky, and at times impassable. Judgment for damages was also asked, and a mandatory writ was demanded for the removal of the obstruction.
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Appeal from Linn District Court. — Hon. F. O. Ellison, Judge. Suit in equity by certain township trustees to enjoin the defendant from maintaining a dam. in a ditch on the south side of a highway adjoining defendant’s land, thereby easting the water upon the highway and into ditches alongside thereof, making the said highway muddy, sticky, and at times impassable. Judgment for damages was also asked, and a mandatory writ was demanded for the removal of the obstruction. The defendant’s answer was a general denial, and on the issues thus tendered the case was tried to the court, resulting in a…
1Opinion of the CourtDeemer, J.
Plaintiffs are the trustees of a certain civil township', in Linn county, Iowa, within which township defendant owns a tract of land abutting upon a county highway. This highway was laid out about the year 1860, and in the year 1865 a wooden culvert was put across the road north of defendant’s land to carry the surface water coming from at least 1,000 acres of land' lying north and northwest from defendant’s land across the road and onto defendant’s land, in a course which nature provided. The flow was slow, and there were no natural banks, as to a stream, on either side of the culvert, for…
2Cases cited13 opinions
- Vannest v. FlemingSupreme Court of Iowa · 1890
- Dorr v. SimmersonSupreme Court of Iowa · 1905
- Wharton v. StevensSupreme Court of Iowa · 1891
- Hull v. HarkerSupreme Court of Iowa · 1906
- Brown v. ArmstrongSupreme Court of Iowa · 1905
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McKeon v. BrammerSupreme Court of Iowa · 1947
- Anderson v. YearousSupreme Court of Iowa · 1977
- Hunt v. SmithSupreme Court of Iowa · 1947
- Jacobson v. CamdenSupreme Court of Iowa · 1945
- Halsrud v. BrodaleSupreme Court of Iowa · 1955
4 more not listed; retrieve them via the Exa API.