Close v. Samm
Supreme Court of Iowa
Appeal from, Johnson District Court. Action to recover damages for flowing water back upon plaintiffs’ mill-wheels, premises, etc., and injury thereby to his water power. The mills and dams of the respective parties are situated on the Iowa river, a short distance above Iowa city, and about two miles apart.
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Appeal from, Johnson District Court. Action to recover damages for flowing water back upon plaintiffs’ mill-wheels, premises, etc., and injury thereby to his water power. The mills and dams of the respective parties are situated on the Iowa river, a short distance above Iowa city, and about two miles apart. The plaintiffs’ is the upper dam, and was constructed in 1843 by a corporation known as the Iowa City Manufacturing Company, and it is claimed by plaintiffs that its construction, maintenance and use was sanctioned and authorized by an act of the Iowa Territoral Legislature, approved Feb.…
1Opinion of the CourtCole, J.
I. The first point made by the appellants’ counsel is upon the rejection of the offered testimony of certain witnesses. The testimony was rejected because of the stage of the proceedings at which it was offered, and as not being rebutting. Since we shall reverse the judgment for other reasons, and no such question can or *506will probably again arise, it becomes wholly unnecessary to decide it here.
1. damages: continuing trespass. II. The next point in order made by appellants’ counsel is upon the giving of the fifth instruction, which is as follows, to wit: “The plaintiffs, if entitled ' , i to…
2Cases cited1 opinion
- Blunt v. McCormickNew York Supreme Court · 1846
3Cited by50 opinions
- Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
- Shular v. StateIndiana Supreme Court · 1886
- Grube v. WellsSupreme Court of Iowa · 1871
- State v. MortensenUtah Supreme Court · 1903
- People v. . ThornNew York Court of Appeals · 1898
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