Gibson v. Fischer
Supreme Court of Iowa
Appeal from Des Moines District Court. Tiie plaintiffs are owners of a mil!-dam and mill on Skunk river, and tlie defendants are the owners of a similar dam and mill on the same stream about six miles beiow the plaintiffs7 mill. The latter brought this action to recover damages caused by backwater caused by the defendants’ dam, and also for the abatement of the dam.
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Appeal from Des Moines District Court. Tiie plaintiffs are owners of a mil!-dam and mill on Skunk river, and tlie defendants are the owners of a similar dam and mill on the same stream about six miles beiow the plaintiffs7 mill. The latter brought this action to recover damages caused by backwater caused by the defendants’ dam, and also for the abatement of the dam. There was a trial to the court, and a judgment rendered in favor of the plaintiffs for SI,800, and a portion of the defendants’ dam was ordered to be removed; and they appeal.
1Opinion of the CourtSeeveks, J.
dams: injury to mill by backwater: measure of ttmatlcUossS" oí profits. I. Evidence was introduced, to which the defendants objected, tending to show the profits, or how much the plaintiffs’ mill would have earned, if the dam had not caused the water to flow back on the . . water-wheel, and thereby impeded the operation 7 . . . . ^ie machinery. It is insisted that such evidence was inadmissible, for the reason that the damages sought to be proved were too remote and uncertain, and it is said that “in actions for damages for not fulfilling in time contracts for particular work the plaintiff…
2Cases cited11 opinions
- Chandler v. AllisonMichigan Supreme Court · 1862
- Park v. C. & S. W. R.Supreme Court of Iowa · 1876
- Howe Machine Co. v. BrysonSupreme Court of Iowa · 1876
- Stiles v. HookerNew York Supreme Court · 1827
- Fultz v. WycoffIndiana Supreme Court · 1865
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Rule v. McGregorSupreme Court of Iowa · 1902
- Capital Garage Co. v. PowellSupreme Court of Vermont · 1925
- Wellington v. SpencerSupreme Court of Oklahoma · 1913
- Willis v. City of PerrySupreme Court of Iowa · 1894
8 more not listed; retrieve them via the Exa API.