King v. Chicago, Burlington & Quincy R'y Co.
Supreme Court of Iowa
Appeal from Montgomery .District Court. Plaintiff brought this action in equity, to restrain the defendant from constructing a culvert or water-way through an embankment on" which the track of its railroad is laid. lie alleges that the opening of said culvert or water-way through the embankment would have the effect to throw upon his premises, which are adjacent to the railroad, a largo amount of surface water, which is drained onto defendant’s right of way from the land…
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Appeal from Montgomery .District Court. Plaintiff brought this action in equity, to restrain the defendant from constructing a culvert or water-way through an embankment on" which the track of its railroad is laid. lie alleges that the opening of said culvert or water-way through the embankment would have the effect to throw upon his premises, which are adjacent to the railroad, a largo amount of surface water, which is drained onto defendant’s right of way from the land lying on the opposite side of the railroad from his farm; also to submerge and render impassable a public highway which is…
1Opinion of the CourtReed, J.
Defendant’s railway was constructed in 1869. At the point in question it crosses a slough, or swale, through which the surface water from several hundred acres of land lying on the north side of the track found its way to the Nishnabotna river. In the original construction of the railway, this slough was spanned by a trestle, which permitted the passage through defendant’s right of way of all the water which came upon it from the north through'the slough. The track was maintained in this condition until 1879, when defendant filled the space covered by the trestle, making a continuous…
2Cases cited1 opinion
- Lucas v. HartSupreme Court of Iowa · 1857
3Cited by8 opinions
- Eaves v. City of OttumwaSupreme Court of Iowa · 1949
- Schrimper v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1900
- Hinkle v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1929
- Stouder v. DashnerSupreme Court of Iowa · 1951
- Tiedeman v. Village of MiddletonWisconsin Supreme Court · 1964
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