Green v. Harrison County
Supreme Court of Iowa
Appeal from Harrison District Court. The petition states, that the plaintiff was in possession of a tract of land on which there was growing a crop of corn, which was entirely destroyed by reason of an overflow of water from the Spooner ditch, which had been constructed by the authority and direction of the county. The negligence of the defendant, it was stated, consisted in permitting the accumulation of sediment in the ditch, which caused the overflow.
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Appeal from Harrison District Court. The petition states, that the plaintiff was in possession of a tract of land on which there was growing a crop of corn, which was entirely destroyed by reason of an overflow of water from the Spooner ditch, which had been constructed by the authority and direction of the county. The negligence of the defendant, it was stated, consisted in permitting the accumulation of sediment in the ditch, which caused the overflow. It was stated that the defendant had actual and constructive notice of the obstructions in the ditch. The plaintiff sought to recover the…
1Opinion of the CourtSeevers, J.
— Against the decided weight of authority, it lias been held in this state that counties are liable for damages caused by reason of the negligent construction and maintenance of county bridges. Wilson & Gustin v. Jefferson County, 13 Iowa, 181. This case has been repeatedly followed, and probably will continue to be, unless the general assembly interferes and provides otherwise. ' Bridges are constructed for the benefit of the general public. The ditch in question was constructed more particularly for the benefit of *312abutting owners. The benefit to them was direct, while the general public is…
2Cases cited2 opinions
- Kincaid v. Hardin CountySupreme Court of Iowa · 1880
- Wilson v. Jefferson CountySupreme Court of Iowa · 1862
3Cited by17 opinions
- Snethen v. Harrison CountySupreme Court of Iowa · 1915
- Packard v. VoltzSupreme Court of Iowa · 1895
- Eastman v. Clackamas Co.United States Circuit Court · 1887
- Shirkey v. Keokuk CountySupreme Court of Iowa · 1937
- Gibson v. Sioux CountySupreme Court of Iowa · 1918
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