Drake v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Van Burén District Court. Actton to recover for damages alleged to liave been sustained by reason of tbe accumulation of water on tbe plaintiff’s land, caused by tbe construction of the defendant’s embankment, without tbe construction and maintenance of proper ditches and culverts. There was a trial to a jury, and verdict and judgment were rendered for tbe plaintiff. Tbe defendant appeals.
1Opinion of the CourtAdams, J.
Tbe road was constructed in 1870 by tbe Chicago & Southwestern Eailway Company. Tbe defendant in *3041872 succeeded to the rights of that company. At the'time the road was constructed, the land in question was owned by the plaintiff’s grantor. The plaintiff became the owner in 1S7I. From the time of the construction of the road in 1870 to 1876, no damage appears to have resulted to the land in question. In the latter year the plaintiff began to complain.’ Soon afterward the defendant constructed a ditch along its right of way from the plaintiff’s land to an opening in the road where the same…
2Cases cited24 opinions
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Taylor v. FickasIndiana Supreme Court · 1878
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
19 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- McMahon v. City of DubuqueSupreme Court of Iowa · 1898
- Chicago, R. I. & P. Ry. Co. v. JohnsonSupreme Court of Oklahoma · 1910
- Middelkamp v. Bessemer Irrigating Co.Supreme Court of Colorado · 1909
- Sullens v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1888
29 more not listed; retrieve them via the Exa API.