Hastings v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Davis District Court. — -Hon. C. W. Vermillion, Judge, Action to recover damages to plaintiff’s land and crops by flooding occasioned by the backing np of water ■in a stream due to the insufficiency of the opening left for the stream through defendant’s railroad embankment, and also for damages caused to plaintiff by allowing a passageway for his cattle under defendant’s track to become obstructed by the deposit of sediment.
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Appeal from Davis District Court. — -Hon. C. W. Vermillion, Judge, Action to recover damages to plaintiff’s land and crops by flooding occasioned by the backing np of water ■in a stream due to the insufficiency of the opening left for the stream through defendant’s railroad embankment, and also for damages caused to plaintiff by allowing a passageway for his cattle under defendant’s track to become obstructed by the deposit of sediment. There was a general verdict for plaintiff in the sum of $637, of which amount it appears by special finding the jury allowed $300 on account of the…
1Opinion of the CourtMcClain, J.
The stream known as “Soap Creek” flows south across plaintiff’s land and through a bridge in defendant’s railroad embankment, which bridge had prior to the injury complained of been reconstructed so as to leave a smaller opening than before for the passage of water. As the result of very heavy rains in June, 1905, as plaintiff alleges and as his testimony tends to show, the water was backed, np in Soap Creek by reason of the insufficiency of the opening through this bridge so as to flood a portion of plaintiff’s land and cause it to be washed into gullies, rendering it less suitable for…
2Cases cited9 opinions
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- City of Bellevue v. DalyIdaho Supreme Court · 1908
- Schrimper v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1900
- Oney v. West Buena Vista Land Co.Supreme Court of Virginia · 1905
- Bennett v. City of MarionSupreme Court of Iowa · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Pennsylvania Rd. Co. v. DonovanOhio Supreme Court · 1924
- Bina v. BinaSupreme Court of Iowa · 1931
- Nielson v. SandbergUtah Supreme Court · 1943
- Conklin v. City of Des MoinesSupreme Court of Iowa · 1918
- Chicago, Milwaukee, St. Paul & Pacific Railroad v. CrossSupreme Court of Iowa · 1931
1 more not listed; retrieve them via the Exa API.