Mills & Allen v. Evans & McCutchin
Supreme Court of Iowa
Appeal from Dickinson District Court. — Hon. W. B. Quaeton, Judge. Action in equity to restrain the defendants from using a pier in Lake Okoboji, claimed by the plaintiff. There was a hearing on the merits, and a decree in favor of the plaintiff. The defendants appeal.—
1Opinion of the CourtRobinson, J.
*7141 *713I. The material facts of. this case as admitted by the parties and shown by the evidence are substantially as follows: At the time this action was commenced, the plaintiff and the defendants were engaged in the business of running boats for hire on a navigable body of water known as “Lake Okoboji.” The plaintiff had erected a pier, which extended from a point on the shore below high-water mark into the lake, in a northwesterly direction, a distance of seventy-four feet, but not so far as to interfere with navigation. It was ten feet wide, and had an approach eighty-four feet long and four…
2Cases cited8 opinions
- Dutton v. StrongSupreme Court of the United States · 1861
- Diedrich v. Northwestern Union Railway Co.Wisconsin Supreme Court · 1877
- Hanford v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1889
- Noyes v. CollinsSupreme Court of Iowa · 1894
- Lake Superior Land Co. v. EmersonSupreme Court of Minnesota · 1888
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3Cited by3 opinions
- McCauley v. SalmonSupreme Court of Iowa · 1944
- Bradford v. FultzSupreme Court of Iowa · 1914
- Shortell v. Des Moines Electric Co.Supreme Court of Iowa · 1919