Brown v. Armstrong
Supreme Court of Iowa
Appeal from Wapello District Court.— ITon. Robert Sloan, Judge. This is an action to restrain defendant from maintain--ing a ditch or dam along a private lane between plaintiff’s and defendant’s land in such a manner as to obstruct the natural flow of surface water, and from keeping open a ditch at the west end of the lane, and from damming a ditch on the south side of the lane in such manner as to increase the flow of water on plaintiff’s land.
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Appeal from Wapello District Court.— ITon. Robert Sloan, Judge. This is an action to restrain defendant from maintain--ing a ditch or dam along a private lane between plaintiff’s and defendant’s land in such a manner as to obstruct the natural flow of surface water, and from keeping open a ditch at the west end of the lane, and from damming a ditch on the south side of the lane in such manner as to increase the flow of water on plaintiff’s land. Defendant denied the allegations in the bill, pleaded plaintiff’s acquiescence in the scheme of drainage, an abandonment by plaintiff of any rights…
1Opinion of the CourtDeemer, J.
Plaintiff owns the north half of the southeast quarter of section 22, and the defendant the south half of the same quarter section. Between the two tracts is a private right of way or lane leading to defendant’s house, and other improvements. To the east of both tracts, and abutting thereon, is a county highway running north and south; along the west side of which is a ditch which carries surface water southward into a creek or natural stream. Plaintiff claims that the natural flow of surface water was southward from her land onto that belonging to the defendant, and that defendant has…
2Cases cited7 opinions
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Vannest v. FlemingSupreme Court of Iowa · 1890
- Wharton v. StevensSupreme Court of Iowa · 1891
- Bizer v. Ottumwa Hydraulic Power Co.Supreme Court of Iowa · 1886
- Holmes v. Calhoun CountySupreme Court of Iowa · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- McKeon v. BrammerSupreme Court of Iowa · 1947
- Falcon v. BoyerSupreme Court of Iowa · 1913
- Keck v. VenghauseSupreme Court of Iowa · 1905
- Board of Supervisors v. Board of SupervisorsSupreme Court of Iowa · 1932
- Matteson v. TuckerSupreme Court of Iowa · 1906
18 more not listed; retrieve them via the Exa API.