Brown v. Drainage District No. 48
Supreme Court of Iowa
Appeal from Palo Alto District Court. — Hon. A. D. Bailie, Judge. In the district court this action was an appeal by the plaintiff from an award of damages by the Board of Supervisors in a drainage proceeding. Upon trial had, plaintiff obtained a larger award than that appealed from. The defendants appeal.
1Opinion of the CourtEvans, J.
The plaintiff is the owner of a farm of six hundred and forty acres, including all of a certain section 23, except the northeast forty acres thereof. This farm was included in a drainage district. The established open ditch extended in a general diagonal course through section 23. The flow of the water was from northwest to. southeast. In its course through plaintiff’s land the ditch was nine or ten feet deep, and with its bermes and waste .banks occupied between eleven and thirteen acres of ground. The plaintiff’s land was servient to an area of about 4,000 acres which received its outlet…
2Cases cited4 opinions
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- Clark ex rel. Clark v. Van VleckSupreme Court of Iowa · 1907
- McMahon v. Iowa Ice Co.Supreme Court of Iowa · 1907
- Porter v. WhitlockSupreme Court of Iowa · 1909
3Cited by5 opinions
- Dean v. StateSupreme Court of Iowa · 1930
- Olsen v. Corporation of New MelleraySupreme Court of Iowa · 1953
- Madsen v. ObermannSupreme Court of Iowa · 1946
- Harris v. BOARD OF TRUSTEES, ETC.Supreme Court of Iowa · 1953
- Hess v. McCardellSupreme Court of Iowa · 1918