Williamson v. Oleson
Supreme Court of Iowa
Appeal from Story District Court. — Hon. S. M. Weayee, Judge. This is a suit in equity by which the plaintiff seeks to enjoin the defendant from causing water to flow through a drain 'tile on land of the plaintiff, to his damage, and for two hundred dollars damages for , injury to plaintiff’s land, which damages accrued up to the time of commencing suit. There was a hearing on the merits, and the plaintiff’s petition was dismissed. Plaintiff appeals.
1Opinion of the CourtBotheock, J.
*2911 *290The plaintiff and the defendant are the owners of adjoining eighty acre farms. Each tract of land is the half of a quarter section, and they adjoin each other for the distance of one hundred and sixty rods. There is a public road on the line between the said farms. The natural drainage of the defendant’s land is toward the land of the plaintiff. There ■ are some ponds and low wet land on both farms. In the spring of the year 1888, the defendant constructed a main line and branches of tile drain from the public road through a ridge or rise in the ground to two or three ponds on his land. It…
2Cases cited3 opinions
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Vannest v. FlemingSupreme Court of Iowa · 1890
- Wharton v. StevensSupreme Court of Iowa · 1891
3Cited by5 opinions
- Board of Supervisors v. Board of SupervisorsSupreme Court of Iowa · 1932
- Holmes v. Calhoun CountySupreme Court of Iowa · 1896
- Neuhring v. SchmidtSupreme Court of Iowa · 1906
- Stinson v. FishelSupreme Court of Iowa · 1895
- Board of Supervisors v. Board of SupervisorsSupreme Court of Iowa · 1932