Newton Auto Salvage Co. v. Herrick

Defendant contracted with the city of Des Moines to construct a sewer. The eity had not acquired an intermediate section of the necessary right of way. When the construction work reached that place, the defendant was required to cease continuous construction and resume the work at the upper side of the non-acquired right of way. This he did, leaving a "blind lower end” to the upper section of the sewer. The upper portion of the sewer was in part located near the'Raccoon River. The plaintiff’s case is that the water of the river rose, overflowed, and entered the sewer, and, having no other…