Bennett v. Incorporated Town of Mount Vernon
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. J. H. Preston, Judge. Action at law to recover damages for the flooding of plaintiff’s cellar, due, as is alleged, to the negligence and^ carelessness of defendants in removing a tile drain and digging a ditch in which water accumulated and found its way through the tile upon plaintiff’s property. Defendants denied liability, and interposed certain defenses, which will be referred to in the body of the opinion. Trial to a jury.
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Appeal from Linn District Court. — Hon. J. H. Preston, Judge. Action at law to recover damages for the flooding of plaintiff’s cellar, due, as is alleged, to the negligence and^ carelessness of defendants in removing a tile drain and digging a ditch in which water accumulated and found its way through the tile upon plaintiff’s property. Defendants denied liability, and interposed certain defenses, which will be referred to in the body of the opinion. Trial to a jury. Verdict and judgment for plaintiff against both defendants, and they, appeal.
1Opinion of the CourtDeemer, C. J.
Plaintiff is the owner of lots 5 and 6, in block 12, in the town of Mt. Vernon. She claims that her grantor, one Béech, with others, obtained permission from the defendant town to lay a tile across Fourth avenue, in said town, adjoining the property in controversy, for the purpose of draining the cellars on their property into an open ditch; that in July of the year 1902 the defendant town employed the defendant Twogood to put in water mains on said Fourth avenue to a depth of six feet, and that, pursuant to said employment, he dug an open ditch in said avenue, opposite plaintiff’s property,…
2Cases cited6 opinions
- Nevins v. City of PeoriaIllinois Supreme Court · 1866
- Kuehn v. City of MilwaukeeWisconsin Supreme Court · 1896
- Harding v. City of BostonMassachusetts Supreme Judicial Court · 1895
- Mather v. Butler CountySupreme Court of Iowa · 1869
- Wood v. Ind. Sch. Dist.Supreme Court of Iowa · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Solberg v. SchlosserNorth Dakota Supreme Court · 1910
- Bailey v. City of WinstonSupreme Court of North Carolina · 1911
- City of Hugo v. NanceSupreme Court of Oklahoma · 1913
- Brown v. Rockwell City Canning Co.Supreme Court of Iowa · 1906
- Bailey v. . WinstonSupreme Court of North Carolina · 1911
18 more not listed; retrieve them via the Exa API.