Van Orsdol v. B., C. R. & N. R.
Supreme Court of Iowa
Appeal from Buchanan Oircmt Oou/rt. Action to recover damages sustained by plaintiff by reason of a stream of water being diverted in the construction of defendant’s railroad, whereby sand and earth were washed upon-and deposited- on plaintiff’s land. ' Judgment'upon a verdict was rendered for plaintiff; defendant appeals.
1Opinion of the CourtBeck, J.
I. The petition alleges that the defendant’s railroad is located upon plaintiff’s farm, and crosses two sloughs thereon, the water of which in the natural state was clear and pure, and ran over a -grassy bottom; that in the construction of the railroad one of the sloughs was dammed, and the water thereof diverted from its natural course, and conducted for a long distance through loose sand and dirt into the other slough, over which a culvert was constructed; *471that tbe water flowing through the loose sand and dirt from • the first named slough bore a large quantity thereof, which was deposited…
2Cases cited2 opinions
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- Stodghill v. C., B. & Q. R.Supreme Court of Iowa · 1876
3Cited by16 opinions
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Middelkamp v. Bessemer Irrigating Co.Supreme Court of Colorado · 1909
- Sullens v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1888
- Clough v. WingArizona Supreme Court · 1888
- Irvine v. City of OelweinSupreme Court of Iowa · 1915
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