Cook v. C., B. & Q. R. Co.
Supreme Court of Iowa
Appeal from Monroe District Court. ON tbe 12th day of June, 1873, plaintiff filed in the Monroe Circuit Court his petition,.in substance stating that lie owns about fifty acres of land, through which Cedar Creek runs in a meandering direction, and over which extends defendant’s railroad, crossing said creek at two points upon bridges numbers 83 and 84, so constructed as not to impede the flow of the creek.
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Appeal from Monroe District Court. ON tbe 12th day of June, 1873, plaintiff filed in the Monroe Circuit Court his petition,.in substance stating that lie owns about fifty acres of land, through which Cedar Creek runs in a meandering direction, and over which extends defendant’s railroad, crossing said creek at two points upon bridges numbers 83 and 84, so constructed as not to impede the flow of the creek. That the Burlington and Missouri River R. R., under which defendant holds its road, wrongfully entered on said land in 1869, and dug two ditches, for the purpose of diverting the creek from…
1Opinion of the CourtDay, J.
I. The.evidence is voluminous, covering over one hundred printed page's, and is quite conflicting. Yet we think it very clearly sustains the judgment of the District Court. The ditch constructed by defendant is a few feet south of its right-of-way, between bridges 83 and 84, and is about 400 feet long. It is sufliciently large and deep to allow the waters of Cedar Creek to flow freely, and it does not cause anj'-backing of water or overflow of plaintiff’s land. This the evidence clearly establishes.
It is proved that Isaac P. Babb, who then owned the property in plaintiff’s petition described,…
2Cases cited2 opinions
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