Parizek v. Hinek
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. K. P. Howell, Judge. Suit in equity to recover damages for tbe flooding of plaintiff’s land, and to enjoin defendant from discharging water from a tile drain in such a manner as to injure plaintiff’s property. The trial court dismissed the petition,’ and plaintiff appeals.
1Opinion of the CourtDeemer, J.
Plaintiff and defendant are the owners of adjoining tracts of land; defendant owning the dominant and plaintiff the servient estate. Plaintiff claims that defendant constructed a tile drain upon his land in such a manner as to collect and discharge surface and subterranean water in a manner different from the natural discharge and in larger quantities, to plaintiff’s damage. Defendant admitted the construction of the tile drain in the year 1905; but he says, among other things, that he laid it in the course of natural drainage, and substantially in a mole ditch, which had been constructed in…
2Cases cited4 opinions
- Dorr v. SimmersonSupreme Court of Iowa · 1905
- Hull v. HarkerSupreme Court of Iowa · 1906
- Sheker v. MachovecSupreme Court of Iowa · 1908
- Pohlman v. Chicago, Milwaukee & St. Paul Co.Supreme Court of Iowa · 1906
3Cited by13 opinions
- Falcon v. BoyerSupreme Court of Iowa · 1913
- Hunt v. SmithSupreme Court of Iowa · 1947
- Pelham Phosphate Co. v. DanielsCourt of Appeals of Georgia · 1918
- Jontz v. NorthupSupreme Court of Iowa · 1912
- Hayes v. OyerSupreme Court of Iowa · 1914
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