Willitts v. Chicago, Burlington & Kansas City Railway Co.
Supreme Court of Iowa
Appeal' from Van Burén District Court. — Hon. W. I.. Babb, Judge. The plaintiff states as his cause of action that ho-is the owner, of the land described; that the defendant so constructed its line of railway across said lands as to throw up an embankment which prevents the surface water and othef water coming on his lands from flowing off'in their natural course, and causes the-same to collect upon, flow back over, and remain upon his lands, to his damage, two thousand,…
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Appeal' from Van Burén District Court. — Hon. W. I.. Babb, Judge. The plaintiff states as his cause of action that ho-is the owner, of the land described; that the defendant so constructed its line of railway across said lands as to throw up an embankment which prevents the surface water and othef water coming on his lands from flowing off'in their natural course, and causes the-same to collect upon, flow back over, and remain upon his lands, to his damage, two thousand, five hundred, dollars. The defendant answered, denying generally, and averring that the road was constructed in the…
1Opinion of the CourtGiven, J.
The folio wing, facts are shown by the evidence introduced, and are not contradicted nor disputed in the testimony:
The plaintiff was the owner of the land described in 1871 and has been ever since. In that year the Burlington *284& Southwestern Railway Company, having acquired a right of way over said land, constructed a solid embankment thereon as a roadbed from a point on the east line of said land southwesterly across it to Indian creek, a short distance west of the west line of the land. A bridge was constructed across Indian creek of sufficient -capacity to carry off all water flowing in…
2Cases cited15 opinions
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Cairo & Vincennes R. R. v. StevensIndiana Supreme Court · 1881
- Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- City of Newport v. SchmitCourt of Appeals of Kentucky · 1921
- Houghtaling v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1902
- Blunck v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1909
- Hume v. City of Des MoinesSupreme Court of Iowa · 1910
- Schofield v. CooperSupreme Court of Iowa · 1905
7 more not listed; retrieve them via the Exa API.